United States First Circuit

The district court's denial of a petition for a writ of habeas corpus challenging petitioner's conviction for first degree murder is affirmed, where: 1) the state court's rejection of petitioner's argument that his Sixth Amendment right to confrontation was violated when the trial court admitted the testimony of Dr. Flomenbaum, who was not the medical examiner who performed the victim's autopsy, was not contrary to governing Supreme Court precedent; and 2) petitioner's challenge to the state court's determination that counsel was not deficient for failing to introduce petitioner' medical records fails, because petitioner does not allege factual error, nor does he establish that the state court's application of the Strickland standard was unreasonable.

Appellate Information

• Decided 06/20/2014
• Published 06/20/2014

Judges

• THOMPSON

Court

• United States First Circuit

Counsel