REYES v. KEANE

No. 1262, Docket 95-2650.

118 F.3d 136 (1997)

Edwardo REYES, Petitioner-Appellant, v. John P. KEANE, Superintendent, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 24, 1997.


Attorney(s) appearing for the Case

Michael Lipson, Garden City, NY, for Petitioner-Appellant.

Andrew C. Tsunis, Assistant Attorney General, New York City, (Dennis C. Vacco, Attorney General, Barbara G. Billet, Solicitor General, Thomas D. Hughes, Assistant Solicitor General, Robert A. Forte, Assistant Attorney General, New York City, of counsel), for Respondent-Appellee.

Before: VAN GRAAFEILAND, MINER and CABRANES, Circuit Judges.


MINER, Circuit Judge:

Petitioner-appellant Edwardo Reyes appeals from a judgment entered in the United States District Court for the Southern District of New York (Cote, J.) dismissing his petition for a writ of habeas corpus, the court having found, inter alia, that Reyes had procedurally defaulted on his claim that the "reasonable doubt" jury instruction in his state trial was constitutionally defective. We previously granted Reyes a certificate of appealability...

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