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JACKSON v. LEONARDO

Docket No. 96-2984.

162 F.3d 81 (1998)

Erwin JACKSON, Petitioner-Appellant, v. Arthur LEONARDO, Superintendent of Great Meadow Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 3, 1998.

Attorney(s) appearing for the Case

Mark Diamond, New York, NY, for Petitioner-Appellant.

Lawrence J. Schwartz, Assistant District Attorney, on behalf of Denis Dillon, District Attorney of Nassau County, New York (Tammy J. Smiley, Assistant District Attorney, on the brief), for Respondent-Appellee.

Before: WINTER, Chief Judge, MESKILL and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Erwin Jackson appeals from a decision of the United States District Court for the Eastern District of New York (Jacob Mishler, Judge) denying his 28 U.S.C. § 2254 habeas corpus petition. We reverse.

FACTS AND PROCEDURAL HISTORY

Jackson was convicted by a Nassau County jury in 1985 of robbery in the first degree, in violation of N.Y. Penal Law § 160.15[4], and criminal...

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