Mojica v. Fischer

SUMMARY ORDER

Rafael Mojica appeals the denial of his petition for a writ of habeas corpus vacating his 1996 New York State conviction for second degree murder on the ground that the trial court’s jury instruction violated due process by relieving the prosecution of its burden under New York law to disprove his justification defense and depriving Mojica of an effective summation. We assume the parties’ familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain our decision.

Where, as in this case, a district court denies a writ of habeas…