MEGGS v. FAIR

No. 79-1504.

621 F.2d 460 (1980)

Dennis W. MEGGS, Plaintiff, Appellant, v. Michael V. FAIR, Superintendent of Massachusetts Correctional Institution at Norfolk, Massachusetts; and Frank A. Hall, Commissioner of Correction, Commonwealth of Massachusetts, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 12, 1980.


Attorney(s) appearing for the Case

Conrad W. Fisher, Worcester, Mass., with whom Fisher & Helfenbein, Worcester, Mass., was on brief, for plaintiff, appellant.

Joseph P. Gordon, Jr., Asst. Atty. Gen., 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, Criminal Appellate Section, Boston, Mass., were on brief, for defendants, appellees.

Before ALDRICH and BOWNES, Circuit Judges, PETTINE, Chief District Judge.


PETTINE, Chief District Judge.

Petitioner Dennis W. Meggs, currently serving a state court sentence following his conviction for rape and armed assault, filed a petition for habeas corpus alleging, in the following order, various errors of a constitutional magnitude at his trial.

1. The court's instructions to various witnesses not to talk to defense counsel during recess deprived defendant of the right to effective assistance of counsel.

2. The admission...

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