Rodney Cox v. Edward R. Donnelly, Superintendent, Wende Correctional Facility and Eliot Spitzer, New York State Attorney General

OAKES, Circuit Judge:

Rodney Cox seeks habeas relief on the grounds that he received ineffective assistance of counsel, leading to his conviction and incarceration for second-degree murder., Cox argues, that counsel’s failure to object to an erroneous jury instruction on intent prejudiced the outcome of his trial. The United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, granted Cox’s habeas petition, finding that Cox’s Sixth Amendment right to effective counsel was violated when his trial counsel made no objections to an unconstitutional jury instruction…