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BREEST v. PERRIN

Nos. 80-1635, 80-1639.

655 F.2d 1 (1981)

Robert BREEST, Petitioner, Appellant, v. Everett I. PERRIN, Jr., Warden, New Hampshire State Prison, et al., Respondents, Appellees. Frederick J. MARTINEAU, Petitioner, Appellant, v. Richard T. McCARTHY, etc., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided July 1, 1981.

Attorney(s) appearing for the Case

Jeanne Baker, Cambridge, Mass., by appointment of the Court, with whom William J. Genego, and Baker & Fine, Cambridge, Mass., were on brief, for petitioner, appellant Robert Breest.

Dorian Bowman, Cambridge, Mass., by appointment of the Court, with whom Bowman & Bowman, Cambridge, Mass., was on brief, for petitioner, appellant Frederick Martineau.

Paul W. Hodes, Asst. Atty. Gen., Crim. Justice Div., with whom Gregory H. Smith, Atty. Gen., Concord, N. H., was on brief, for respondents, appellees.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, and MAZZONE, District Judge.

COFFIN, Chief Judge.

The question is whether the district court correctly refused to hear the merits of these petitioners' habeas corpus claims because they had not shown "cause" within the meaning of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), for failing to comply with a New Hampshire court's proper application of its contemporaneous objection rule.

I

Petitioner Breest was convicted...

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