SOUZA v. ELLERTHORPE

No. 82-1936.

712 F.2d 1529 (1983)

Anthony SOUZA, Petitioner, Appellant, v. Donald ELLERTHORPE, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided August 3, 1983.


Attorney(s) appearing for the Case

Barbara Hurst, Providence, R.I., with whom William F. Reilly, John A. Mac Fadyen III, and Vetter & White, Providence, R.I., were on brief, for petitioner, appellant.

Anthony F. Del Bonis, Sp. Asst. Atty. Gen., Providence, R.I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, was on brief, for Donald Ellerthorpe.

Before HAYNSWORTH, Senior Circuit Judge, BOWNES and BREYER, Circuit Judges.


HAYNSWORTH, Senior Circuit Judge:

In a petition for a writ of habeas corpus in the District Court for the District of Rhode Island, Souza contends that the refusal to disclose the identity of a confidential informant and the giving of two supplemental jury instructions denied him a fair trial in the state court. The district judge denied the writ, and we affirm.

I.

At approximately 10 o'clock in the evening, two masked men, armed with handguns, entered...

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