"The change in New York law on depraved indifference murder has created a series of problems for federal courts on habeas review," Judge Guido Calabresi wrote for the panel, adding, "We, as a federal court, are reluctant to release defendants whose defense to depraved indifference murder is that they were guilty of intentional murder."
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Circuit Asks N.Y. Court to Clarify Standard for 'Depraved' Murder
New York Law Journal
September 4, 2012
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