Sean Earley v. Timothy Murray

JOHN M. WALKER, JR., Chief Judge.

For the reasons stated below, respondent-appellee Timothy Murray’s petition for rehearing is denied.

Respondent-appellee petitions for rehearing of a June 9, 2006, opinion of this court vacating the judgment of the United States District Court for the Eastern District of New York denying petitioner-appellant Sean Earley’s petition for a writ of habeas corpus. Respondent-appellee argues that rehearing in this case is warranted because this court’s decision (1) was based on an inaccurate understanding of the operation of New York law and (2) will call into…