Gregory B. La Rue v. Daniel J. McCarthy

DAVID R. THOMPSON, Circuit Judge:

Gregory B. La Rue, a state prisoner at the Correctional Training Facility, Soledad, California, appeals the district court’s denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. La Rue contests the validity of his conviction for second degree felony murder, which rested upon the offense of felony child abuse. He argues that recent decisions of the California Supreme Court and Court of Appeal, which preclude a conviction for felony murder when the underlying offense is child abuse, require his release. La Rue asserts that the failure to…