United States First Circuit

Petition for habeas relief by a defendant convicted of kidnapping and rape is denied where: 1) the prosecutor's questions did not directly or indirectly suggest that defendant might have invoked his right to remain silent; 2) defendant's double-jeopardy claim fails on its merits, and thus, his trial attorney was not constitutionally deficient in failing to raise the issue nor did the failure prejudice defendant; and 3) defendant failed to establish that habeas relief is warranted under his collateral-estoppel claim.

Appellate Information

• Decided 09/22/2009
• Published 09/22/2009

Judges

• EBEL, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA and EBEL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Victoria L. Nadel, for appellant.


• For Appellees:
  
• Susanne G. Reardon, Assistant Attorney General, Martha Coakley, Attorney General, was on brief for appellee.