United States First Circuit

District court's denial of a petition for habeas relief brought by a defendant convicted of first degree murder is affirmed where: 1) defendant's jury instruction claim was procedurally defaulted; and 2) defendant's claim of ineffective assistance of counsel is rejected as futile.

Appellate Information

• Decided 11/03/2009
• Published 11/03/2009

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph J. Balliro, Jr., and Balliro & Mondano, on brief for appellant.


• For Appellees:
  
• Martha Coakley, Attorney General and Anne M. Thomas, Assistant Attorney General, Criminal Bureau, on brief for appellee.