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JACKSON v. FOGG

No. 421, Docket 78-2107.

589 F.2d 108 (1978)

Edmond JACKSON, Petitioner-Appellee, v. Walter FOGG, Superintendent, Green Haven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 19, 1978.

Attorney(s) appearing for the Case

Thomas S. O'Connor, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of N. Y., New York City, on the brief; Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Helen Bodian, New York City (Prisoner's Legal Services of New York), for petitioner-appellee.

Before LUMBARD, FRIENDLY and OAKES, Circuit Judges.

LUMBARD, Circuit Judge:

Edmond Jackson's petition for habeas corpus to set aside his conviction for murder in Queens County presents the rare case of a record almost entirely bare of credible untainted evidence of guilt. At the same time, the state's appeal reminds us of the great care we must exercise before setting aside a conviction for so serious an offense, particularly when it has been unanimously affirmed by the New...

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