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DELVALLE v. ARMSTRONG

Docket No. 01-2675.

306 F.3d 1197 (2002)

Jose DELVALLE, Petitioner-Appellant, v. John ARMSTRONG, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 5, 2002.

Attorney(s) appearing for the Case

Gary D. Weinberger, Assistant Federal Public Defender (Thomas G. Dennis, Federal Public Defender, of counsel), Hartford, Connecticut, for Petitioner-Appellant.

James A. Killen, Supervisory Assistant State's Attorney, Office of the Chief State's Attorney, Civil Litigation Bureau, Rocky Hill, Connecticut, for Respondent-Appellee.

Before WALKER, Chief Judge, WINTER, and F.I. PARKER, Circuit Judges.

WINTER, Circuit Judge.

Jose DelValle appeals from Judge Burns's dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He was convicted by a jury in Connecticut state court of murder and conspiracy to commit murder. After exhausting his state remedies, appellant filed his petition in the district court claiming that the trial court improperly instructed the jury on reasonable doubt and the presumption of innocence, thereby violating his...

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