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JOSEPH v. FAIR

No. 84-1995.

763 F.2d 9 (1985)

Arthur F. JOSEPH, III, Petitioner, Appellant, v. Michael V. FAIR, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided May 23, 1985.

Attorney(s) appearing for the Case

Brownlow M. Speer, Boston, Mass., Committee for Public Counsel Services, on brief, for petitioner, appellant.

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

Before COFFIN and TORRUELLA, Circuit Judges, and RE, Judge.

TORRUELLA, Circuit Judge.

Arthur F. Joseph (appellant) was convicted in state court on two counts of armed robbery in violation of Mass.Gen.Laws Ann. ch. 265, § 17. His conviction was affirmed by the Massachusetts Appeals Court. Commonwealth v. Joseph, 11 Mass.App. 879, 421 N.E.2d 105 (1981). Further appellate review was denied by the Massachusetts Supreme Judicial Court on July 15, 1981. Thereafter, Joseph petitioned...

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