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JENKINS v. ARTUZ

Docket Nos. 01-2328, 01-2355.

294 F.3d 284 (2002)

Eric JENKINS, Petitioner-Appellee-Cross-Appellant, v. Christopher ARTUZ, Superintendent, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 1, 2002.

Attorney(s) appearing for the Case

Donna Aldea, Assistant District Attorney (Richard A. Brown, District Attorney, Queens County, John M. Castello, Assistant District Attorney, Lisa Ann Drury, Assistant District Attorney, of counsel), Kew Gardens, NY, for Respondent-Appellant-Cross-Appellee.

Frederick H. Cohn (Laura K. Gasiorowski, of counsel), New York, NY, for Petitioner-Appellee-Cross-Appellant.

Before: SACK, B.D. PARKER, JR. and B. FLETCHER, Circuit Judges.

SACK, Circuit Judge.

Respondent Christopher Artuz, Superintendent of Green Haven Correctional Facility, Dutchess County, New York, appeals from a judgment of the United States District Court for the Eastern District of New York (Nina Gershon, Judge) granting petitioner Eric Jenkins's petition for a writ of habeas corpus under 28 U.S.C. § 2254. In granting Jenkins's petition, the district court engaged in de novo review because it concluded that...

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