United States First Circuit

Denial of petition for habeas relief is affirmed where: 1) prosecutor's comment on plaintiff's decision to remain silent was improper, but did not have a substantial and injurious effect on the verdict to warrant reversal; and 2) defense counsel's performance was not constitutionally ineffective, and any ineffectiveness that might have occurred did not prejudice the outcome of the trial.

Appellate Information

• Decided 05/06/2009
• Published 05/06/2009

Judges

• STAHL, Circuit Judge., Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Leslie W. O'Brien, by Appointment of the Court, for appellant.


• For Appellees:
  
• Randall E. Ravitz, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief, for appellee.