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PALMIGIANO v. HOULE

No. 79-1372.

618 F.2d 877 (1980)

Nicholas A. PALMIGIANO, Petitioner-Appellant, v. Robert E. HOULE, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided April 8, 1980.

Attorney(s) appearing for the Case

Judith Farris Bowman, by appointment of the Court, with whom Bowman & Bowman, Cambridge, Mass., was on brief, for petitioner-appellant.

John S. Foley, Sp. Asst. Atty. Gen., Providence, R. I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, R. I., was on brief, for respondent-appellee.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This is an appeal from a denial, without an evidentiary hearing, of a petition for habeas corpus alleging state violations of petitioner's fourth amendment rights. The United States District Court for the District of Rhode Island held that Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), barred federal habeas corpus relief because petitioner's fourth amendment claims were fully litigated...

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