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BARBER v. PONTE

No. 84-1750.

772 F.2d 982 (1985)

James BARBER, Petitioner, Appellant, v. James PONTE, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided April 4, 1985.

Opinion on Rehearing September 18, 1985.

Attorney(s) appearing for the Case

Robert L. Sheketoff, Boston, Mass., with whom Zalkind & Sheketoff, Boston, Mass., and P.J. Piscitelli, Brockton, Mass., were on brief, for appellant.

Martin E. Levin, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Chief, Crim. Bureau, and Barbara A.H. Smith, Chief, Crim. Appellate Division, Boston, Mass., were on brief, for appellees.

Edna M. Conway, Asst. Atty. Gen., Criminal Justice Div., and Stephen E. Merrill, Atty. Gen., on brief for the State of New Hampshire, amicus curiae.

Before COFFIN, BOWNES and TORRUELLA, Circuit Judges.

Opinion on Rehearing En Banc September 18, 1985.

BOWNES, Circuit Judge.

Petitioner, James Barber, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the ground that an alleged systematic exclusion of young people from his Massachusetts state court jury venire violated his constitutional right to an impartial jury drawn from a cross-section of the community.

In September of 1980 Barber, a prisoner at Massachusetts Correctional Institution...

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