MARTINEAU v. PERRIN

No. 78-1368.

601 F.2d 1196 (1979)

Frederick J. MARTINEAU, Petitioner-Appellant, v. Everett I. PERRIN, Jr., Warden, New Hampshire State Prison, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided June 25, 1979.


Attorney(s) appearing for the Case

David Feld, Boston University Law Student with whom John Leubsdorf, Associate Professor of Law, Boston, Mass., court-appointed counsel, and Wayne Dziedzic, Boston University Law Student, Boston, Mass., were on brief, for petitioner-appellant.

Richard B. Michaud, Asst. Atty. Gen., Concord, N.H., with whom Thomas D. Rath, Atty. Gen., Concord, N.H., was on brief, for respondent-appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.


BOWNES, Circuit Judge.

The central issue in this habeas corpus appeal is whether petitioner, Frederick J. Martineau, waived his sixth amendment right to a public trial.

We outline the facts and legal steps leading to this appeal. Petitioner was tried and convicted of attempted burglary in a jury waived trial that lasted for six days. He promptly brought a petition for writ of habeas corpus in the New Hampshire Supreme Court on the grounds that he was denied...

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