Brown v. Ercole

SUMMARY ORDER

Respondent-Appellant appeals from a Memorandum and Order of the United States District Court for the Southern District of New York (Buchwald, J.), entered March 31, 2009, 2009 WL 857625, granting the Petitioner-Appellee Rohan Brown’s petition for a writ of habeas corpus. Brown sought a writ on the ground that it would have been futile for him to argue at his state trial that the evidence adduced was insufficient to support a conviction for depraved indifference murder given the definition of that offense controlling in New York courts at the time, and therefore he had shown cause…