Paul Cox v. David H. Miller, Superintendent, Eastern Correctional Facility

INTRODUCTION

SACK, Circuit Judge.

Respondent David Miller, Superintendent of New York State’s Eastern Correctional Facility, where petitioner Paul Cox is incarcerated, appeals from a judgment of the United States District Court for the Southern District of New York (Charles L. Brieant, Jr., Judge) granting Cox’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 6, 1994, a New York State jury found Cox guilty of two counts of manslaughter in the first degree for the 1988 killings of Drs. Lakshman Rao Chervu and Shanta Chervu, a married couple. On December 31, 1988,…