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MANOCCHIO v. MORAN

No. 89-1310.

919 F.2d 770 (1990)

Nicholas P. MANOCCHIO, Petitioner, Appellee, v. John MORAN, Director, Department of Corrections, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided September 24, 1990.

Rehearing and Rehearing Denied November 14, 1990.

Attorney(s) appearing for the Case

Annie Goldberg, Sp. Asst. Atty. Gen., with whom James E. O'Neil, Atty. Gen., Providence, R.I., was on brief for respondent, appellant.

John A. Macfadyen, Providence, R.I., for petitioner, appellee.

Before LEVIN H. CAMPBELL, Chief Judge, BROWN, Senior Circuit Judge, and BREYER, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 14, 1990.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal presents the question of whether, in a state criminal trial in which the accused is charged with murder and its lesser included offenses, the introduction into evidence of an autopsy report for the purpose of proving the cause of death, without the personal presence of the medical examiner who prepared and executed the report, violates the Confrontation...

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