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BREEST v. PERRIN

No. 79-1616.

624 F.2d 1112 (1980)

Robert BREEST, Petitioner, Appellant, v. Everett I. PERRIN, Jr., etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided July 11, 1980.

Attorney(s) appearing for the Case

Jeanne Baker, Cambridge, Mass., by appointment of the Court, with whom Baker & Fine, Cambridge, Mass., was on brief, for petitioner, appellant.

Robert Breest, pro se.

Paul W. Hodes, Asst. Atty. Gen., Concord, N.H., with whom Thomas D. Rath, Gen., Concord, N.H. was on brief, for respondent, appellee.

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

COFFIN, Chief Judge.

The chief issue presented on this appeal is whether the prosecution's acquiescence in a witness's erroneous assertion that he had not been offered any deal for his testimony constituted a denial of due process under Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959), and Giglio v. United States, 405 U.S. 150

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