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NIZIOLEK v. ASHE

No. 82-1305.

694 F.2d 282 (1982)

Joseph NIZIOLEK, Jr., Petitioner, Appellant, v. Michael ASHE, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided November 24, 1982.

Attorney(s) appearing for the Case

John M. Thompson, Springfield, Mass., for petitioner, appellant.

William D. Luzier, Jr., 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 Division, Boston, Mass., were on brief, for respondents, appellees.

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

BOWNES, Circuit Judge.

Petitioner-appellant Niziolek appeals from a judgment of dismissal entered by the United States District Court for the District of Massachusetts denying his petition for a writ of habeas corpus. The petition asserted nine grounds for relief. The district court first dismissed one ground (No. 8), a Brady-Giglio claim, for failure of exhaustion. In a detailed and comprehensive opinion, the court found that petitioner had failed to substantiate...

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