STOREY v. PONTE

No. 83-1920.

735 F.2d 626 (1984)

Frederick STOREY, Jr., Petitioner, Appellant, v. Joseph PONTE, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided May 30, 1984.


Attorney(s) appearing for the Case

Stephen W. Silverman, Springfield, Mass., by appointment of the Court, for petitioner, appellant.

Paula J. DeGiacomo, Asst. Atty. Gen., Concord, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Chief, Criminal Bureau, and Barbara A.H. Smith, Chief, Criminal Appellate Div., Boston, Mass., were on brief, for respondents, appellees.

Before COFFIN and ALDRICH, Circuit Judges, and BONSAL, Senior District Judge.


COFFIN, Circuit Judge.

This appeal from a denial of a petition for habeas corpus seeks to present two claims. The first is whether certain unobjected-to portions of the state prosecutor's closing argument violated petitioner's constitutional rights. Petitioner did not raise this federal constitutional issue in his initial state appeal. There he confined himself to arguing the propriety of the closing argument under state law. The Massachusetts Supreme Judicial Court...

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