United States First Circuit

In this case, a jury convicted petitioner of murder in the first degree and the Massachusetts Supreme Judicial Court affirmed petitioner's conviction on direct appeal. Judgment of the district court denying his petition for habeas corpus relief and denying petitioner's motion for discovery is affirmed, where: 1) the district court properly held that petitioner's claims of ineffective assistance of trial counsel and prosecutorial misconduct have been procedurally defaulted; and 2) although petitioner's claim of ineffective assistance of post conviction counsel has not been procedurally defaulted, it cannot form the basis for habeas relief, per 28 US.C. section 2254(i).

Appellate Information

• Decided 01/26/2015
• Published 01/26/2015

Judges

• Stahl

Court

• United States First Circuit

Counsel