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FERNANDEZ v. CAPRA

No. 16-4053 August Term 2018.

916 F.3d 215 (2019)

Pablo FERNANDEZ, Petitioner-Appellant, v. Michael CAPRA, Respondent-Appellee, Christopher Artuz, Philip Heath, Charles Greiner, Respondents.

United States Court of Appeals, Second Circuit.

Decided: February 22, 2019.

Attorney(s) appearing for the Case

Maia S. Lichtenstein (with David W. Brown , Daniel J. Beller , Jonathan Silberstein-Loeb on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY.

Sheila Anne Marie O'Shea , Assistant District Attorney, for Cyrus Vance, District Attorney for New York County, New York, NY.

Before: Jacobs, Calabresi, Circuit Judges; Rakoff, District Judge.

The petitioner, Pablo Fernandez, brings suit under § 2254 challenging his state court conviction for murder-for-hire. Fernandez was convicted by a jury of murdering Manny Quintero, a member of a rival gang. Fernandez argues that he is entitled to a writ of habeas corpus on two bases. First, Fernandez claims...

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