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GAINES v. KELLY

No. 96-2761.

180 F.3d 371 (1999)

Joseph Martin GAINES, Petitioner-Appellant, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

June 4, 1999.

Attorney(s) appearing for the Case

Gail Jacobs, Great Neck, NY, for Appellant.

Thomas H. Brandt, Assistant District Attorney, Lockport, NY (Matthew J. Murphy, III, District Attorney for the County of Niagara, on the brief), for Appellee.

Before: CARDAMONE, JACOBS, Circuit Judges, CARMAN, Chief Judge.

ORDER

Joseph Martin Gaines appeals from the final judgment of the United States District Court for the Western District of New York denying Gaines's petition for writ of habeas corpus and dismissing his 28 U.S.C. § 2254 action.

The judgment of the district court is hereby REVERSED on the ground that the state trial court's reasonable doubt instruction was constitutionally defective. An opinion further explaining the panel's reasons...

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