Michael LYDON, Plaintiff, Appellee,
v.
JUSTICES OF the BOSTON MUNICIPAL COURT, Defendants, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued September 13, 1982.
Decided December 30, 1982.
Attorney(s) appearing for the Case
Barbara A.H. Smith, Asst. Atty. Gen., Boston, Mass., Chief, Criminal Appellate Division, with whom Francis X. Bellotti, Atty. Gen. and Stephen R. Delinsky, Asst. Atty. Gen., Boston, Mass., Chief, Criminal Bureau, were on brief, for defendants, appellants.
David Rossman, Director, Boston University Defender Program, Boston, Mass., for plaintiff, appellee.
Daniel E. Callahan, Richard J. Hayes, William J. Leahy, Martin R. Rosenthal, and Brownlow M. Speer, Boston, Mass., on brief for The Massachusetts Defenders Committee as amicus curiae.
Kevin M. Burke, Dist. Atty., E.D., Salem, Mass., John J. Conte, Dist. Atty., Middle Dist., Worcester, Mass., William C. O'Malley, Dist. Atty., Plymouth Dist., Brockton, Mass., Ronald A. Pina, Dist. Atty., Bristol Dist., New Bedford, Mass., Newman Flanagan, Dist. Atty., Suffolk Dist., Michael J. Traft, Asst. Dist. Atty., Boston, Mass., Philip A. Rollins, Dist. Atty., Cape & Island District, Barnstable, Mass., Anthony J. Ruberto, Jr., Dist. Atty., Berkshire Dist., Pittsfield, Mass., Matthew J. Ryan, Jr., Dist. Atty., Hampden Dist., Springfield, Mass., and Thomas G. Simons, Dist. Atty., Northwestern Dist., Greenfield, Mass., on brief for Newman Flanagan, et al., amici curiae.
Before DAVIS, CAMPBELL and BREYER, Circuit Judges.
United States Court of Appeals, First Circuit.
BREYER, Circuit Judge.
The habeas corpus petitioner in this case was convicted of a state crime by a Massachusetts judge under the Massachusetts "two-tier" criminal trial procedure. As is his right under that procedure, the petitioner then chose to have a completely new trial by jury. He argued, however, to the new trial court, to the Massachusetts Supreme Judicial Court, and then to the federal district court, that he must be released, rather than undergo a new trial...
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