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United States First Circuit


Olszewski v. Spencer, 05-1833

Petition for writ of habeas corpus is denied over petitioner's claims that: 1) his due process rights were violated when Massachusetts permitted the destruction of exculpatory evidence prior to trial and made improper statements in closing arguments at trial; 2) he received ineffective assistance of counsel; and 3) the trial court improperly dismissed a sitting juror based on ex parte communications.

Appellate Information

  • Decided 10/20/2006
  • Published 10/23/2006

Judges

  • DYK, Circuit Judge., Before TORRUELLA, SELYA and DYK, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • David J. Nathanson for the appellant.

  • For Appellees:
  • Cathryn A. Neaves, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for the appellee.
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