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GAVIN v. CHERNOFF

Nos. 76-1351, 76-1352 and 76-1354.

546 F.2d 457 (1976)

Bruce GAVIN, Petitioner, Appellant, v. Paul CHERNOFF, Respondent, Appellee. Terry O. JARVI, Petitioner, Appellant, v. Larry R. MEACHUM, Respondent, Appellee. Roscoe Owen HEATHMAN, Petitioner, Appellant, v. Larry R. MEACHUM, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Dianne Keegan, Boston, Mass., for appellants.

John J. Bonistalli, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Donald P. Zerendow, Asst. Atty. Gen., Acting Chief, Crim. Bureau, Boston, Mass., were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and GIGNOUX, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

We are asked to overrule this circuit's decision in Walsh v. Picard, 446 F.2d 1209 (1st Cir. 1971), cert. denied, 407 U.S. 921, 92 S.Ct. 2465, 32 L.Ed.2d 807 (1972), in which a divided court held that the due process clause of the fourteenth amendment does not compel the Appellate Division of the Massachusetts Superior Court to give a statement of its reasons for increasing the sentence...

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