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YOUNG v. CONWAY

Docket No. 11-830-pr.

698 F.3d 69 (2012)

Rudolph YOUNG, Petitioner-Appellee, v. James CONWAY, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 16, 2012.

Attorney(s) appearing for the Case

Geoffrey Kaeuper , Assistant District Attorney, for Sandra Doorley , District Attorney of Monroe County, Rochester, NY, for Respondent-Appellant.

John H. Blume , Cornell Death Penalty Project, Cornell Law School, Ithaca, N.Y. ( Brian Shiffrin , Easton Thompson Kasperek Shiffrin, LLP, Rochester, NY, on the brief), for Petitioner-Appellee.

James L. Brochin , Jennifer H. Wu , Cassius K. Sims , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Barry C. Scheck , David Loftis , Karen Newirth , Innocence Project, Inc., New York, NY, for Amicus Curiae the Innocence Project.

Before: B.D. PARKER, HALL, and CARNEY, Circuit Judges.

BARRINGTON D. PARKER, Circuit Judge:

The State of New York appeals from a judgment of the United States District Court for the Western District of New York (Bianchini, M.J.) granting defendant Rudolph Young's petition for a writ of habeas corpus, vacating his convictions for robbery and burglary, and barring the State of New York from retrying him.1 Young was convicted at his first trial in August 1993 based on the victim's in-court...

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