GAINES v. KELLY

Docket No. 96-2761.

202 F.3d 598 (2000)

Joseph Martin GAINES, Petitioner-Appellant, v. Walter R. KELLY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 1, 2000.


Attorney(s) appearing for the Case

Gail Jacobs, Great Neck, New York, for Petitioner-Appellant.

Thomas H. Brandt, Assistant District Attorney, Lockport, New York (Matthew J. Murphy, III, District Attorney, County of Niagara, Lockport, New York, of counsel), for Respondent-Appellee.

Before: CARDAMONE, JACOBS, Circuit Judges, and CARMAN, Judge


CARDAMONE, Circuit Judge:

Joseph Martin Gaines (petitioner or appellant) appeals the judgment entered on August 30, 1996 in the United States District Court for the Western District of New York, before Judge Richard J. Arcara, denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1994). Petitioner sought his release from state custody contending that the state trial court's instructions defining the term "proof beyond a reasonable doubt," which...

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