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BETHEA v. SCULLY

No. 325, Docket 87-2142.

834 F.2d 257 (1987)

Willie BETHEA, Petitioner-Appellant, v. Charles SCULLY, Superintendent, Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 19, 1987.

Attorney(s) appearing for the Case

Howard Friedman, The Legal Aid Soc., New York City (Philip L. Weinstein, of counsel), for petitioner-appellant.

Sherry Chase-Conant, Asst. Dist. Atty., Kings County, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Barbara D. Underwood, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before FEINBERG, Chief Judge, NEWMAN and WINTER, Circuit Judges.

FEINBERG, Chief Judge:

Willie Bethea appeals from an order of the United States District Court for the Eastern District of New York, Charles P. Sifton, J., which denied Bethea's petition for habeas corpus. Bethea claims his convictions in state court for felony murder were unconstitutional because punishing him as a murderer is fundamentally unfair when the felony underlying each conviction required proof of only reckless rather than intentional misconduct. For reasons...

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