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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46730 Magistrate Judge Gorenstein IN A petition brought pursuant to 28 USC �2254, petitioner sought a writ of habeas corpus to set aside a state court judgment of conviction issued in 1999. After a jury trial, petitioner was convicted of one count of murder in the second degree, sentenced to a prison term of 25 years to life, and is currently incarcerated at the Elmira Correctional Facility in Chemung County, N.Y., pursuant to that judgment. A magistrate judge recommended that the petition be granted, finding that the trial judge’s answer to a jury question on the burden of proof misled the jury into thinking that petitioner was obligated to prove that he was suffering from delusions when he confessed. The magistrate judge determined that juror confusion over the burden of proof violated petitioner’s right to due process and recommended that the district court grant the petition, which would require a retrial of petitioner within 90 days or a release from the correctional facility.

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