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MURDEN v. ARTUZ

Docket No. 05-0610-pr.

497 F.3d 178 (2007)

William MURDEN, Petitioner-Appellant, v. Christopher ARTUZ, Superintendent of Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 10, 2007.

Attorney(s) appearing for the Case

Andrea G. Hirsch, New York, New York, for Petitioner-Appellant.

Charles J. Hynes, District Attorney for Kings County (Leonard Joblove, Joyce Slevin, and Thomas M. Ross, Assistant District Attorneys, of Counsel), Brooklyn, New York, for Respondent-Appellee.

Before: WALKER, HALL, Circuit Judges, and COTE, District Judge.

DENISE COTE, District Judge:

The Honorable Jack B. Weinstein issued a Certificate of Appealability with his denial of the petition filed by William Murden ("Murden") for a writ of habeas corpus. Murden asserts that his 1991 conviction for murder in the second degree in New York state court should be overturned because the jury was not given a charge on the partial affirmative defense of extreme emotional disturbance ("EED"). Specifically,

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