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BLAIKIE v. CALLAHAN

No. 82-1361.

691 F.2d 64 (1982)

James F. BLAIKIE, Jr., Petitioner, Appellant, v. William CALLAHAN, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 18, 1982.

Attorney(s) appearing for the Case

Edward F. Harrington, with whom Sheridan, Garrahan & Lander, Framingham, Mass., and Daniel G. Harrington, Boston, Mass., were on brief, for petitioner, appellant.

Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim. Appellate Div., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for respondent, appellee.

Before DAVIS, CAMPBELL and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This is an appeal from the district court's denial of a petition for habeas corpus. The question raised is whether the sixth amendment afforded the petitioner the right to call expert witnesses to testify after he had already rested his case. We find that given the facts of this case the sixth amendment provided no such right.

The facts can be summarized briefly. Petitioner James F. Blaikie, Jr., was tried for the first degree...

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