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BELBIN v. PICARD

Misc. No. 535.

454 F.2d 202 (1972)

Richard BELBIN, Petitioner-Appellant, v. Philip J. PICARD, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided February 2, 1972.

Attorney(s) appearing for the Case

Walter Powers, Jr. Boston, Mass., for applicant on application for certificate of probable cause and memorandum in support thereof.

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

ALDRICH, Chief Judge.

On July 30, 1971, petitioner Belbin sought a writ of habeas corpus in the district court. He alleged that he had been convicted in the Massachusetts Superior Court of second degree murder upon a plea of guilty, but that his plea had not been voluntary, principally because of improper representation by counsel. Petitioner alleged that he had exhausted his state remedies by filing a petition for a writ of error in the state court. At a hearing...

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