United States First Circuit

Even if the court made an unreasonable determination of the facts, its failure to apply Massachusetts' judicially-crafted rule of granting new trials in dual theory/general verdict cases did not rise to the level of a deprivation of due process where the federal rule governing the same situation would not require a new trial.

Appellate Information

• Decided 10/11/2001
• Published 10/11/2001

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Benjamin H. Keehn,Committee for Public Counsel Services, for appellant.


• For Appellees:
  
• James J. Arguin, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.