LAYNE v. GUNTER

No. 76-1497.

559 F.2d 850 (1977)

Robert M. LAYNE, Petitioner, Appellant, v. Frank O. GUNTER, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 4, 1977.


Attorney(s) appearing for the Case

Lois M. Lewis, West Newton, Mass., for appellant.

Joseph P. Gordon, Jr., Asst. Atty. Gen., Crim. Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, and Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim. Appellate Section, Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and MILLER, Judge.


COFFIN, Chief Judge.

This is an appeal from an order of the district court dismissing without prejudice petitioner's application for a writ of habeas corpus. Petitioner had sought the habeas relief on the ground that the Commonwealth of Massachusetts had denied him the right expeditiously to prosecute his appeal of several state court convictions. Although the district court agreed that petitioner's due process rights had been violated,

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