United States Second Circuit

The grant of plaintiff's petition for a writ of habeas corpus is affirmed where he was deprived of due process under the Fourteenth Amendment when the trial court refused to allow the jury to consider a justification defense.

Appellate Information

• Decided 04/14/2005
• Published 04/15/2005

Judges

• B.D. PARKER, JR., Circuit Judge., Before:  NEWMAN, SACK, B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Esther Noe, Assistant District Attorney (Charles J. Hynes, District Attorney, on the brief, Leonard Joblove, Assistant District Attorney, of counsel), Kings County, Brooklyn, NY, for Respondent-Appellant., Vida M. Alvy, Alvy & Jacobson, New York, NY, for Petitioner-Appellee.