United States First Circuit

Denial of habeas corpus petition after conviction for first-degree murder is affirmed where: 1) the Fifth Amendment does not preclude state court judges from taking account of attitude, whether or not characterized as silence, in determining that defendant should be tried as an adult; 2) defendant was not punished at trial for his silence; and 3) the court did not violate defendant's Sixth Amendment right by excluding hearsay testimony concerning the possibility of a different murderer.

Appellate Information

• Decided 06/27/2006
• Published 06/27/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward B. Gaffney for petitioner.


• For Appellees:
  
• Eva M. Badway, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief for respondent.