McCullough v. Bennett

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is REVERSED.

Respondent-Appellant Floyd Bennett, superintendent of the Elmira Correctional Facility, appeals the district court’s grant of habeas corpus relief to Petitioner-Appellant David McCullough (“McCullough”). We presume the parties’ familiarity with *380the facts, the procedural history, and the scope of the issues presented on appeal.

This case arises from the questioning of a juror during McCullough’s 1995 sexual assault trial before Onondaga County Court. During voir…