United States First Circuit

Denial of petition for writ of habeas corpus is affirmed where the Massachusetts Appeals Court's finding that no constitutional error occurred was not either contrary to, or an unreasonable application of, clearly established federal case law since it correctly determined that a statement by a police officer concerning defendant's post-Miranda silence was not used against him.

Appellate Information

• Decided 01/26/2007
• Published 01/26/2007

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David J. Barend for appellant.


• For Appellees:
  
• Randall E. Ravitz, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellee.