TAVARES v. HOLBROOK

No. 85-1323.

779 F.2d 1 (1985)

David N. TAVARES, Plaintiff, Appellant, v. Terry HOLBROOK, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 11, 1985.


Attorney(s) appearing for the Case

Willie J. Davis, Boston, Mass., for plaintiff, appellant.

Martin E. Levin, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Asst. Atty. Gen., and Barbara A.H. Smith, Asst. Atty. Gen., Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN and BREYER, Circuit Judges, and HILL, Senior District Judge.


BREYER, Circuit Judge.

Appellant David Tavares, who is black, asks the federal courts to set aside his first degree murder conviction by a Massachusetts jury. He argues that the jury was impermissibly biased; a bias shown by the fact that one of the jurors was heard to refer to a black defense witness by the stereotypical name, `Sapphire'. We have reviewed the relevant portions of the state trial record. On the basis of this review, we conclude that Tavares was not...

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