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United States First Circuit


Delaney v. Bartee, 07-1526

Denial of habeas corpus relief from a conviction for, inter alia, armed assault with intent to kill is affirmed where, regardless of whether petitioner defaulted on claims due to Massachusetts contemporaneous objection rule or whether the state ruling was contrary to or constituted an unreasonable application of federal law, he was unable to show the indispensable habeas requirement of "prejudice" under Brecht v. Abrahamson, 507 U.S. 619 (1993).

Appellate Information

  • Decided 04/04/2008
  • Published 04/04/2008

Judges

  • WALLACE, Senior Circuit Judge., Before BOUDIN, Chief Judge, WALLACE, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • David J. Nathanson, Committee for Public Counsel Services, for petitioner/appellant.

  • For Appellees:
  • Jonathan M. Ofilos, Assistant Attorney General, and Martha Coakley, Attorney General, on brief, for respondent/appellee.
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