GIBSON v. BUTTERWORTH

No. 82-1263.

693 F.2d 16 (1982)

Warren A. GIBSON, Petitioner, Appellant, v. Fred BUTTERWORTH, etc., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided November 19, 1982.


Attorney(s) appearing for the Case

Martin C. Gideonse, Cambridge, Mass., by appointment of the Court, for petitioner, appellant.

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

Before COFFIN, Chief Judge, DAVIS and BOWNES, Circuit Judges.


COFFIN, Chief Judge.

Petitioner appeals from an order of the U.S. District Court for the District of Massachusetts dismissing his petition for a writ of habeas corpus for failure to show "cause" for a procedural default. The principal issue on this appeal is whether the state court denied petitioner's federal constitutional challenge to certain jury instructions on adequate and independent state procedural grounds, as the...

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