Joseph Fournier v. Eugene S. Lefevre, Superintendent, Clinton Correctional Facility

VAN GRAAFEILAND, Circuit Judge:

Appellant, the penal custodian of appellee, Joseph Fournier, appeals from an order of the United States District Court for the Southern District of New York (Broderick, J.), which conditionally granted appellee’s section 2254 petition for a writ of habeas corpus because the State trial judge gave a Sandstrom charge on the issue of presumed intent. See Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). Pending appeal, the district court stayed that part of its order which directed Fournier’s release if the State did not move the indictment…