PRESTON v. SEAY

Civ. A. No. 81-807-K.

541 F.Supp. 898 (1981)

Stephen A. PRESTON, Plaintiff, v. John SEAY, et al., Defendants.

United States District Court, D. Massachusetts.

November 23, 1981.


Attorney(s) appearing for the Case

J. W. Carney, Jr., Mass. Defenders Comm., Boston, Mass., for plaintiff.

John Giuliani, Penal Institution Dept., Boston, Mass., for defendants.


KEETON, District Judge:

The issue presented by this petition for habeas corpus is easily stated, though not so easily answered. Did the Commonwealth of Massachusetts act within constitutionally permissible limits in declaring that petitioner lost his right to jury trial because he inexcusably failed to appear as directed after he had appealed from a conviction before a judge, sitting without a jury, in the Commonwealth's two-tier system?

I.

Massachusetts...

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