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SICILIANO v. VOSE

No. 87-1085.

834 F.2d 29 (1987)

Thomas F. SICILIANO, Petitioner, Appellant, v. George VOSE, Superintendent, MCI Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 3, 1987.

Attorney(s) appearing for the Case

Harvey R. Peters, Boston, Mass., for petitioner.

Annette C. Benedetto, Asst. Atty. Gen., Crim. Bureau, with whom James M. Shannon, Atty. Gen., and Paula J. DeGiacomo, Asst. Atty. Gen., Acting Chief, Crim. Appellate Div., Boston, Mass., were on brief, for respondent.

Before BREYER and SELYA, Circuit Judges, and LAGUEUX, District Judge.

BREYER, Circuit Judge.

A Massachusetts state court convicted the appellant, Thomas Siciliano, of rape. After appeals and other state court proceedings, Siciliano filed a petition for habeas corpus in the federal district court, claiming that he had wanted to testify at his trial but his attorney had not allowed him to do so. In permitting conviction under these circumstances, he says, the state has deprived him of his "liberty" without "due process of law." U.S. Const...

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