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TURNER v. FAIR

No. 79-1465.

617 F.2d 7 (1980)

Michael TURNER, Petitioner, Appellee, v. Michael V. FAIR, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Robert V. Greco, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for respondent, appellant.

Nelson S. Baker, Boston, Mass., by appointment of the court, for petitioner, appellee.

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

LEVIN H. CAMPBELL, Circuit Judge.

The Commonwealth appeals from the district court's grant of Michael Turner's petition for a writ of habeas corpus. The district court concluded that petitioner's sixth amendment right to confront the witnesses against him had been abridged by the state trial court's failure to strike the direct testimony of government witnesses who had invoked their fifth amendment privilege against self-incrimination during cross-examination. Because...

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