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United States First Circuit


Clements v. Maloney, 05-2411

Denial of petition for writ of habeas corpus is affirmed as to five claims where the petitioner failed to exhaust his state court remedies, but reversed and remanded as to another claim where the petitioner's state appellate brief sufficiently labeled a sufficiency claim as a federal claim so as to satisfy the fair presentation requirement.

Appellate Information

  • Decided 04/30/2007
  • Published 04/30/2007

Judges

  • LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and SINGAL, District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Rosemary Curran Scapicchio, for appellant.

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