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EVANS v. GERRY

No. 10-2133.

647 F.3d 30 (2011)

Chad EVANS, Petitioner, Appellant, v. Richard M. GERRY, Warden, New Hampshire State Prison, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided July 22, 2011.

Attorney(s) appearing for the Case

David M. Rothstein , Deputy Chief Appellate Defender, New Hampshire Appellate Defender Program, for appellant.

Elizabeth C. Woodcock , Assistant Attorney General, Criminal Justice Bureau, with whom Michael A. Delaney , Attorney General, was on brief for appellee.

Before BOUDIN, LIPEZ and HOWARD, Circuit Judges.

BOUDIN, Circuit Judge.

On December 21, 2001, a jury convicted Chad Evans of reckless second-degree murder, five counts of second-degree assault, endangering the welfare of a minor, and simple assault—the murder charge for the death of his girlfriend's 21-month-old daughter Kassidy on November 9, 2000. See State v. Evans, 150 N.H. 416, 839 A.2d 8, 10-12 (2003). The evidence, recounted in the just cited decision affirming...

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