United States Second Circuit

Where plaintiff failed to precisely raise the claim of unconstitutional vagueness of the second degree murder statute under which he was convicted, his habeas petition is denied for failure to exhaust the claim in state court.

Appellate Information

• Decided 05/14/2003
• Published 05/14/2003

Judges

• B.D. PARKER, Jr., Circuit Judge., Before:  OAKES, KEARSE, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Andrew R. Kass, Assistant District Attorney (Richard A. Brown, District Attorney of Queens County, John M. Castellano, Assistant District Attorney, of counsel and on the brief), for Francis D. Phillips, II, District Attorney of Orange County, Goshen, NY,for Respondent-Appellant., Robert N. Isseks (Alex Smith, on the brief), Middletown, NY,for Petitioner-Appellee.