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United States First Circuit


Kirwan v. Spencer, 09-2438

In an appeal of conviction and life sentence for first-degree murder, District Court's order dismissing the COA as to a denial of writ of habeas corpus is affirmed where: 1) remarks by the prosecutor during closing argument did not deprived petitioner of his rights to a fair trial and due process; and 2) trial counsel's failure to object to, and seek curative instructions following, the prosecutor's allegedly improper remarks did not deprived petitioner of his right to effective assistance of counsel.

Appellate Information

  • Decided 01/28/2011
  • Published 01/31/2011

Judges

  • TORRUELLA

Court

  • United States First Circuit

Counsel

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