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LOVELY v. CUNNINGHAM

No. 85-1379.

796 F.2d 1 (1986)

Francis A. LOVELY, Petitioner, Appellant, v. Michael J. CUNNINGHAM, Warden, New Hampshire State Prison, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 24, 1986.

Attorney(s) appearing for the Case

Eleanor Krasnow, Manchester, N.H., by Appointment of the Court, for petitioner, appellant.

Amy L. Ignatius, Asst. Atty. Gen., Civil Bureau, with whom Stephen E. Merrill, Atty. Gen., Concord, N.H., was on brief, for respondent, appellee.

Before COFFIN and BREYER, Circuit Judges, and MALETZ, Senior Judge.

COFFIN, Circuit Judge.

This appeal from the district court's denial of a writ of habeas corpus challenges the retroactive application to petitioner of the New Hampshire Supreme Court's construction of the state's Aggravated Felonious Sexual Assault statute, RSA 632-A:2 (Supp.1983). In particular, the challenge addresses the court's interpretation of "extortion", one of the listed means of coercing sexual penetration, as embracing...

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