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DYER v. PONTE

No. 84-1312.

749 F.2d 84 (1984)

Bryan A. DYER, Petitioner, Appellant, v. Joseph PONTE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 28, 1984.

Attorney(s) appearing for the Case

Henry D. Katz, Boston, 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 and Barbara A.H. Smith, Asst. Attys. Gen., Boston, Mass., were on brief for respondent, appellee.

Before COFFIN, Circuit Judge, TIMBERS, Senior Circuit Judge, and BOWNES, Circuit Judge.

COFFIN, Circuit Judge.

Appellant, Bryan A. Dyer, appeals dismissal of his petition for a writ of habeas corpus. Dyer, who was convicted by a Massachusetts state court on four counts of murder, as well as for armed robbery and the unlawful carrying of a firearm, claims that his constitutional right to due process was violated during his state court trial. He points to the trial judge's allegedly improper joint enterprise instruction to the jury and to the judge's failure...

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