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United States First Circuit


Pena v. Dickhaut, 13-1193

The district court properly denied a habeas corpus petition challenging petitioner's first degree murder conviction, where: 1) petitioner's Fifth Amendment claim fails, because the prosecutor's comment on petitioner's silence was harmless error; and 2) petitioner's Sixth Amendment claim fails, because his counsel's failure to produce the certain records and introduce them into evidence did not constitute ineffective assistance of counsel, and the state court was reasonable in concluding that in determining that their omission was not prejudicial.

Appellate Information

  • Decided 11/22/2013
  • Published 11/22/2013

Judges

  • STAHL

Court

  • United States First Circuit

Counsel

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