United States Second Circuit

In a conviction for possession of a controlled substance with intent to sell, grant of writ of habeas corpus is affirmed where: 1) petitioner was convicted without due process of law; and 2) the state courts unreasonably applied Supreme Court rulings in affirming petitioner's conviction where the trial court refused to charge the jury on the theory of petitioner's agency defense - that, under state law, a defendant's intention to turn drugs over to a purchaser when the defendant acquired the drugs as the purchaser's agent, did not, absent more, constitute intent to sell the drugs.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

Court

• United States Second Circuit

Counsel