McLAUGHLIN v. GABRIEL

No. 83-1413.

726 F.2d 7 (1984)

George McLAUGHLIN, Petitioner, Appellant, v. Harold GABRIEL, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 27, 1984.


Attorney(s) appearing for the Case

Lois M. Lewis, West Newton, Mass., by appointment of the Court, for petitioner, appellant.

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

Before CAMPBELL, Chief Judge, ROSENN, Senior Circuit Judge, and BREYER, Circuit Judge.


BREYER, Circuit Judge.

Petitioner, George McLaughlin, brought a federal habeas corpus application in the United States District Court for the District of Massachusetts. The district court, 562 F.Supp. 901, dismissed the petition on the grounds that 1) Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), barred the presentation of the first claim and 2) raising the remaining...

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