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RODWELL v. FAIR

No. 87-1447.

834 F.2d 240 (1987)

James J. RODWELL, Petitioner, Appellant, v. Michael FAIR, etc., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided December 3, 1987.

Attorney(s) appearing for the Case

Steven J. Rappaport, with whom Rappaport, Shechtman & Galkin, Boston, Mass., was on brief, for petitioner, appellant.

Linda G. Katz, Asst. Atty. Gen., Criminal Bureau, with whom James M. Shannon, Atty. Gen., A. John Pappalardo, Deputy Atty. Gen., Chief, Criminal Bureau, and John P. Corbett, Asst. Atty. Gen., Chief, Appellate Div., Boston, Mass., were on brief, for respondents, appellees.

Before BREYER, Circuit Judge, BROWN, Senior Circuit Judge, and SELYA, Circuit Judge.

PER CURIAM.

A Massachusetts state court convicted the appellant James Rodwell of first degree murder. After exhausting his state appeals, he sought a writ of habeas corpus in federal district court, and now appeals from its denial. His basic claim is that David Nagle, who testified about incriminating statements Rodwell had made when they were imprisoned together, was an undercover government agent. This, says Rodwell, amounts to a state interrogation after his indictment...

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