Booker v. Girdich

DECISION AND ORDER

MARRERO, District Judge.

Pro se petitioner Michael Booker (“Booker”), formerly incarcerated at New York State’s Franklin Correctional Facility (“Franklin”), 1 seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He claims that his state court convictions for Robbery in the Third Degree and Grand Larceny in the Fourth Degree violated his rights under the Sixth Amendment of the United States Constitution because an allegedly distressed juror was not discharged from the jury and thus compromised the ability of the jury to fairly deliberate. The State of New York filed an…