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LACY v. GABRIEL

No. 83-1615.

732 F.2d 7 (1984)

Leonard LACY, Petitioner, Appellant, v. Harold F. GABRIEL, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 11, 1984.

Attorney(s) appearing for the Case

Benjamin Hiller, with whom Goldstein, Pressman & Hiller, Cambridge, Mass., was on brief, for petitioner, appellant.

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

Before CAMPBELL, Chief Judge, ALDRICH, Circuit Judge, and PETTINE, Senior District Judge.

LEVIN H. CAMPBELL, Chief Judge.

Leonard Lacy, who was convicted in a Massachusetts court of first degree murder, applied for habeas corpus in the United States District Court, 567 F.Supp. 467, for the District of Massachusetts. He alleged, among other things not now material, that his right to due process under the fourteenth amendment had been denied when one of the jurors in the state trial improperly peeled tape off two exhibits...

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