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RIVAS v. FISCHER

Docket No. 10-1300-pr.

687 F.3d 514 (2012)

Hector RIVAS, Petitioner-Appellant, v. Brian FISCHER, Superintendent, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 9, 2012.

Attorney(s) appearing for the Case

Richard M. Langone , Langone & Associates, PLLC, Levittown, NY, for Petitioner-Appellant.

Priscilla Steward , Assistant Attorney General ( Barbara D. Underwood , Solicitor General, Roseann B. MacKechnie , Deputy Solicitor General for Criminal Matters, and Lea La Ferlita , Assistant Attorney General, on the brief), for Eric T. Schneiderman *, Attorney General of the State of New York, NY, for Respondent-Appellee.

Before: CABRANES, POOLER, and SACK, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

The issue in this appeal is whether petitioner-appellant Hector Rivas — who is currently serving an indeterminate life sentence for the second-degree murder of his former girlfriend, Valerie Hill — should be permitted to present in federal court his claim that constitutional error at his criminal trial renders his current confinement unlawful. The merits of Rivas's constitutional claims are not before us. Rather...

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