Edmond Jackson v. Walter Fogg, Superintendent, Green Haven Correctional Facility, Respondent

LUMBARD, Circuit Judge:

Edmond Jackson’s petition for habeas corpus to set aside his conviction for murder in Queens County presents the rare case of a record almost entirely bare of credible untainted evidence of guilt. At the same time, the state’s appeal reminds us of the great care we must exercise before setting aside a conviction for so serious an offense, particularly when it has been unanimously affirmed by the New York Appellate Division and Court of Appeals.

After consideration of Jackson’s petition and examination of the records of the trial and his appeals to the New York courts,…