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MARTINEAU v. PERRIN

No. 78-1369.

601 F.2d 1201 (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 July 12, 1979.

Attorney(s) appearing for the Case

Sarah D. McShea, Boston University Law Student, with whom John Leubsdorf, Associate Professor of Law, Boston, Mass., court-appointed counsel, and Jeremy Bernstein, Boston University Law Student, of 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.

This habeas corpus case focuses on the claim by a state prisoner that his parole was unconstitutionally revoked. Petitioner-appellant, Frederick J. Martineau, initially brought a habeas corpus petition in the New Hampshire Superior Court attacking his parole revocation on due process grounds. After this was denied, he appealed to the New Hampshire Supreme Court which found:

An examination...

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