La RUE v. McCARTHY

No. 87-5512.

833 F.2d 140 (1987)

Gregory B. La RUE, Petitioner-Appellant, v. Daniel J. McCARTHY, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1987.


Attorney(s) appearing for the Case

John Hamilton Scott, Deputy Public Defender of Los Angeles County, Los Angeles, Cal., for petitioner-appellant.

Paul C. Ament, Deputy Atty. Gen., of the State of Cal., Los Angeles, Cal., for respondents-appellees.

Before HALL, NOONAN and THOMPSON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

Gregory B. La Rue, a state prisoner at the Correctional Training Facility, Soledad, California, appeals the district court's denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. La Rue contests the validity of his conviction for second degree felony murder, which rested upon the offense of felony child abuse. He argues that recent decisions of the California Supreme Court and Court of Appeal, which preclude...

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