United States First Circuit

District court's denial of defendant's petition for habeas relief from his 1997 convictions for the murder of his girlfriend's fifteen-year-old child and for charges growing out of the alleged abuse of her two other children is affirmed where: 1) defendant's ineffective assistance of counsel claim fails because the elicitation issue was resolved on the merits against defendant, and it does not matter whether counsel ought to have raised it earlier; and 2) defendant's argument that his Miranda waiver was invalid need not be reached, since it depends on the assumption that the interview was itself a Sixth Amendment violation.

Appellate Information

• Decided 07/27/2010
• Published 07/27/2010

Judges

• BOUDIN

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John M. Thompson, Natalie S. Monroe