Gaskins v. Duval

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

Tony Gaskins seeks a writ of habeas corpus from his conviction of murder in the first degree, contending that:

A. The prosecutor knowingly and intentionally used perjured testimony,

B. The prosecutor improperly vouched for a witness’s testimony,

C. The jury instructions on malice were improper,

D. It was error for the trial judge to refuse to instruct on second degree felony murder,

E. The Supreme Judicial Court erroneously relieved the trial court’s misdirection on the question of second degree felony murder by implicating the alternative…