Not starting when top screen is in position

I had the ‘turning on but sound popping’ problem which I thought I fixed by disconnecting the faulty IR sensor from the device.
However now the problem still exists but only when I put the screen in the maximum stance.

When I leave the topscreen in the first position (like when the 3DS is sitting on my desk) it works perfectly. But with clip the screen 1 position further (like you would do when you have the console in your hand, it turns off again!