United States First Circuit

District court's denial of defendant's petition for habeas relief is affirmed where: 1) deferential review is required when it is clear that the state courts either used their own state standard, which is more generous than the federal standard, or used the federal standard, although the state courts did not cite to any case law; and 2) even if the petitioner were entitled to de novo review on habeas, his petition must still be denied because there was no juncture at which evidence of a trooper's prior false testimony would have been admissible under Massachusetts law.

Appellate Information

• Decided 10/19/2009
• Published 10/19/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, GAJARSA  and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Raymond E. Gillespie on brief for petitioner.


• For Appellees:
  
• Jennifer L. Sullivan, Assistant Attorney General, Criminal Bureau, with whom Martha Coakley, Attorney General, was on brief for respondent.