United States First Circuit

District court's denial of defendant's petition for habeas relief in a case arising out of an armed robbery gone awry is affirmed where: 1) defendant is barred from litigating his procedurally defaulted jury instruction claim; 2) defendant's claim of ineffective assistance of counsel is rejected; and 3) defendant did not present his Sixth Amendment claim regarding a scrap of paper seized from a vehicle fairly and recognizably to the state's Supreme Judicial Court.

Appellate Information

• Decided 02/03/2010
• Published 02/03/2010

Judges

• SELYA, Circuit Judge., Before Lynch, Chief Judge, Selya and Stahl, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Francis J. Hurley, with whom Gannon & Hurley, P.C. was on brief, for appellant.


• For Appellees:
  
• Anne M. Thomas, Assistant Attorney General, Commonwealth of Massachusetts, with whom Martha Coakley, Attorney General, was on brief, for appellee.