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THEODORE v. STATE OF N. H.

No. 79-1265.

614 F.2d 817 (1980)

Nicholas THEODORE, Petitioner-Appellee, v. The STATE OF NEW HAMPSHIRE, Respondent-Appellant.

United States Court of Appeals, First Circuit.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Paul W. Hodes, Concord, N. H., with whom Thomas D. Rath, Atty. Gen., and Richard B. McNamara, Asst. Atty. Gen., Concord, N. H., were on brief, for respondent-appellant.

Richard J. Vita, Dorchester, Mass., on brief, for petitioner-appellee.

Before CAMPBELL and BOWNES, Circuit Judges, CLARKE, District Judge.

BOWNES, Circuit Judge.

In this habeas corpus case, the State of New Hampshire (State) appeals the decision of the District Court for the District of New Hampshire that petitioner-appellee Nicholas Theodore was denied his sixth amendment right to effective assistance of counsel during his state trial. The district court held that Theodore was prejudiced because his attorney, David Killkelley, had represented a principal prosecution witness in an earlier trial arising...

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