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MARTIN v. DONNELLY

Nos. MC 72-123-M, MC 72-124-M.

391 F.Supp. 1241 (1974)

John J. MARTIN, Petitioner, v. Robert DONNELLY, Superintendent, MCI, Walpole, Respondent. Joseph G. BOUCHARD, Petitioner, v. Robert DONNELLY, Superintendent, MCI, Walpole, Respondent.

United States District Court, D. Mass.

December 6, 1974.

Attorney(s) appearing for the Case

Kay H. Hodge, Robert V. Greco, Mass. Defenders Committee, Boston, Mass., for petitioners.

Harvey F. Rowe, Jr., Asst. Atty. Gen., Com. of Mass., Boston, Mass., for respondent.

MEMORANDUM

FRANK J. MURRAY, District Judge.

These petitions for habeas corpus present the principal question whether the constitutionally erroneous admission in evidence at a state criminal trial of out-of-court identifications which occurred in the absence of counsel subsequent to the decisions in Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1967), and...

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