United States Second Circuit

District court judgment denying a petition for habeas relief is affirmed where: 1) recent decisions by the New York Court of Appeals announcing a change in New York's law of depraved indifference murder are not applicable to plaintiff's conviction; and 2) the due process clause of the Fourteenth Amendment does not require the retroactive application of a new interpretation of a criminal statute in the collateral review of plaintiff's conviction.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before MINER and JOSÉ A. CABRANES, Circuit Judges, and STEIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert N. Isseks (Alex Smith, on the brief), Middletown, NY, for Appellant Lucas Henry.


• For Appellees:
  
• Lisa E. Fleischmann, Assistant Attorney General (Andrew D. Cuomo, Attorney General, Barbara D. Underwood, Solicitor General, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, on the brief), Office of the Attorney General of the State of New York, New York, NY, for Appellee Thomas Ricks.