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DICENSO v. MICHAELS

Nos. 81-1505, 81-1506.

668 F.2d 633 (1982)

Richard A. DICENSO, Petitioner, Appellant, v. Richard MICHAELS et al., Respondents, Appellees. Thomas J. McJUNKIN, Petitioner, Appellant, v. Richard MICHAELS et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided January 18, 1982.

Attorney(s) appearing for the Case

John C. Martland and Murray P. Reiser, Boston, Mass., with whom Jordan L. Ring, Ring & Rudnick, and Reiser & Rosenberg, Boston, Mass., were on brief, for petitioners, appellants.

Linda G. Katz, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, and Barbara A. H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Div., Boston, Mass., were on brief, for respondents, appellees.

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

ALDRICH, Senior Circuit Judge.

These are appeals from the dismissal of two petitions for writs of habeas corpus. Petitioners were indicted in the state court for a joint rape and for kidnapping and aggravated assault. They were acquitted of rape, but were convicted and are in custody for the other charges. Their present complaint relates solely to alleged prosecutorial misconduct in the presentation of evidence to the grand jury with regard to rape; namely, that the...

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