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COX v. DONNELLY

No. 05-0104-PR.

432 F.3d 388 (2005)

Rodney COX, Petitioner-Appellee, v. Edward R. DONNELLY, Superintendent, Wende Correctional Facility, and Eliot L. Spitzer, New York State Attorney General, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 22, 2005.

Attorney(s) appearing for the Case

Sharon Y. Brodt, Assistant District Attorney (John M. Castellano, Assistant District Attorney; of counsel; Richard A. Brown, District Attorney, Queens County, on the brief), Queens County, Kew Gardens, NY, for Respondents-Appellants.

Richard Joselson, The Legal Aid Society, New York, NY, for Petitioner-Appellee.

Before: KEARSE and CABRANES, Circuit Judges, and BERMAN, District Judge.

PER CURIAM.

Respondents appeal from a December 9, 2004 judgment and order of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge) granting, for a second time, a writ of habeas corpus to petitioner Rodney Cox after determining that petitioner's state trial counsel could offer no explanation for his performance warranting a refusal to grant the writ. See Cox v. Donnelly, 2004 WL 2786311 (E.D.N.Y. Dec. 6, 2004...

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