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United States First Circuit


Butler v. O'Brien, 10–1235

In an appeal from a judgment of the district court denying petitioner's application for habeas relief from his conviction for aggravated rape, judgment is affirmed where the state's decision that the aggravated rape statute under which petitioner was convicted, Mass. Gen. Laws ch. 265 section 22(a), is not void for vagueness was neither contrary to nor an unreasonable application of clearly established Supreme Court law.

Appellate Information

  • Decided 12/09/2011
  • Published 12/09/2011

Judges

  • Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Victoria L. Nadel, for appellant.

  • For Appellees:
  • Jennifer L. Sullivan, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief, for appellee.
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