Richard Diguglielmo v. Joseph T. Smith

This case returns to us following a renewed petition for habeas corpus by petitioner Richard D. DiGuglielmo, a New York State (“State”) prisoner, after this Court dismissed his first petition because of his failure to exhaust his state-court remedies. See DiGuglielmo v. Senkowski, 42 Fed.Appx. 492, 495-496, 2002 WL 1162791, at **3, 4 (2d Cir. June 3, 2002) (“DiGuglielmo I ”). DiGuglielmo, convicted in state court of second-degree murder, appeals from a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, denying his renewed petition…