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JACKSON v. CONWAY

Docket Nos. 11-922-pr(L), 11-972-pr(XAP).

763 F.3d 115 (2014)

Shawn A. JACKSON, Petitioner-Appellee-Cross-Appellant, v. James T. CONWAY, Superintendent, Attica Correctional Facility, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2014.

Attorney(s) appearing for the Case

Brian Shiffrin , Easton Thompson Kasperek Shiffrin, LLP, Rochester, N.Y., for Petitioner-Appellee-Cross-Appellant Shawn A. Jackson.

Leslie Swift , Senior Assistant District Attorney, for Michael C. Green , Monroe County District Attorney, Rochester, N.Y., for Respondent-Appellant-Cross-Appellee James T. Conway.

Before: PARKER, HALL, and WALLACE, Circuit Judges.

HALL, Circuit Judge:

BACKGROUND

In the pre-dawn hours of November 30, 2000, officers of the Town of Greece Police Department responded to a 911 call placed from Shawn A. Jackson's ("Jackson's") residence. Jackson's wife, Rebecca Jackson ("Rebecca"), met the officers on arrival and, upon entering the house, the officers encountered Jackson's ex-wife, Karen Jackson ("Karen"), and his fourteen-year-old daughter, "CJ...

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