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United States First Circuit


Malone v. Clarke, 07-1613

Denial of convicted criminal petitioner's writ of habeas corpus, alleging his trial counsel was constitutionally ineffective for failure to subpoena a police officer who could have impeached the testimony of his daughter, is affirmed where decision that petitioner suffered no prejudice from his counsel's failure to subpoena the witness was neither contrary to, nor an unreasonable application of, clearly established federal law.

Appellate Information

  • Decided 08/01/2008
  • Published 08/01/2008

Judges

  • TASHIMA, Circuit Judge., Before LYNCH, Chief Judge, TASHIMA, Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Derege B. Demissie, Demissie & Church, for petitioner-appellant.

  • For Appellees:
  • Eva M. Badway, Assistant Attorney General, Criminal Bureau, with whom Martha Coakley, Attorney General of Massachusetts, was on brief for respondent-appellee.
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