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FRATES v. BOHLINGER

No. 72-1342.

472 F.2d 149 (1973)

David L. FRATES, Petitioner, Appellant, v. George BOHLINGER, Superintendent, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 17, 1973.

Attorney(s) appearing for the Case

Robert V. Greco, Roslindale, Mass., for appellant.

Harvey F. Rowe, Jr., Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Div., and David Mills, Asst. Atty. Gen., Chief, Appellate Section, were on brief, for appellee.

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

PER CURIAM.

Petitioner Frates, convicted in Massachusetts Superior Court of participating with three others in a kidnapping and rape, appealed on the ground of inadequate representation because of counsel's lack of opportunity to prepare. The appeal was dismissed sub nom. Commonwealth v. Bettencourt, 1972 Mass.A.S. 689, 281 N.E.2d 220. Thereafter petitioner sought a writ of habeas corpus in the district court. The case was presented...

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