United States First Circuit

Order of a new trial after the grant of a petition for a writ of habeas corpus is remanded for the district court to consider petitioner's argument that the evidence used to convict him was insufficient, as the disposition of this argument could obviate the need for a retrial and result in petitioner's unconditional release.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• SELYA, Senior Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL and SELYA, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David M. Lieber, Assistant Attorney General, and Martha Coakley, Attorney General, on brief for appellant.


• For Appellees:
  
• John M. Thompson and Thompson & Thompson, P.C., on brief for appellee.