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CEFALO v. FITZPATRICK

Misc. No. 427.

434 F.2d 187 (1970)

Robert J. CEFALO, Petitioner, v. John J. FITZPATRICK, Commissioner of Department of Correction, and Philip J. Picard, Superintendent, Massachusetts Correctional Institution at Norfolk, Respondents.

United States Court of Appeals, First Circuit.

November 10, 1970.

Attorney(s) appearing for the Case

Alfred Paul Farese, Everett, Mass., for petitioner upon request and memorandum in support thereof.

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

PER CURIAM.

Petitioner's proposed appeal from a dismissal of his petition for habeas relief raises questions concerning the operation of the Wade rule at trial. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967). Petitioner contends that the state trial court erred in excluding his questions to the eyewitness during the pre-trial hearing on his Wade based...

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