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GUARALDI v. CUNNINGHAM

No. 86-1895.

819 F.2d 15 (1987)

David A. GUARALDI, Plaintiff, Appellant, v. Michael CUNNINGHAM, Warden, New Hampshire State Prison, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 29, 1987.

Attorney(s) appearing for the Case

Ronald I. Segal, Concord, N.H., for plaintiff, appellant.

Andrew W. Serell, Criminal Justice Bureau, with whom Stephen E. Merrill, Atty. Gen., Concord, N.H., was on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, ALDRICH and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Appellant, David Guaraldi, an assistant director of a foster home, was convicted in a New Hampshire court of sexually assaulting a fifteen-year-old boy in his care. The convictions were based on two sexual incidents, which the state alleged took place on or about February 15 and May 20, 1981. David Guaraldi has come to federal court seeking a writ of habeas corpus. He says that certain circumstances of his state trial violated the federal Constitution...

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