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FILLIPPINI v. RISTAINO

No. 78-1149.

585 F.2d 1163 (1978)

William L. FILLIPPINI, Petitioner, Appellant, v. Theodore RISTAINO et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided November 7, 1978.

Attorney(s) appearing for the Case

Richard K. Latimer, Boston, Mass., by appointment of court, with whom Owens & Associates, Boston, Mass., was on brief, for petitioner, appellant.

Robert S. Potters, Asst. Atty. Gen., Crim. Div., Wellesley, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for respondents, appellees.

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

COFFIN, Chief Judge.

Appellant filed a petition for a writ of habeas corpus presenting issues concerning his waiver of counsel at his state court trial1 and an eyewitness's in-court identification. The district court dismissed the petition holding that some aspects of the Sixth Amendment claims had not been exhausted before the state courts, 28 U.S.C. § 2254(b); Picard v. Connor,...

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