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PODLASKI v. BUTTERWORTH

No. 81-1581.

677 F.2d 8 (1982)

Robert J. PODLASKI, Plaintiff, Appellant, v. Fred A. BUTTERWORTH, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 28, 1982.

Attorney(s) appearing for the Case

John P. Courtney, Boston, Mass., for plaintiff, appellant.

Michael B. Roitman, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Barbara A. H. Smith, Asst. Atty. Gen., Boston, Mass., Chief, Criminal Appellate Division, were on brief, for defendant, appellee.

Before CAMPBELL and BREYER, Circuit Judges, and GARRITY, District Judge.

BREYER, Circuit Judge.

Appellant Podlaski was convicted in the Massachusetts state courts of first degree murder and sought habeas corpus relief in federal district court. He appeals from its denial. His basic claim is that the state trial court wrongly admitted a highly incriminating statement that he gave to police without the prior warnings required by Miranda v. Arizona, 384 U.S. 436

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