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GAGNE v. FAIR

No. 87-1401.

835 F.2d 6 (1987)

Normand GAGNE, Petitioner, Appellant, v. Michael FAIR, Commissioner of Corrections, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 10, 1987.

Attorney(s) appearing for the Case

Stephen Hrones, by Appointment of the Court, with whom Hrones & Harwood, Boston, Mass., was on brief for petitioner.

Annette C. Benedetto, Asst. Atty. Gen., Crim. Bureau, with whom A. John Pappalardo, Deputy Atty. Gen., Chief, Crim. Bureau, and James M. Shannon, Atty. Gen., Boston, Mass., were on brief for appellee.

Before BOWNES, Circuit Judge, TIMBERS, Senior Circuit Judge, and BREYER, Circuit Judge.

BOWNES, Circuit Judge.

Following a jury trial, petitioner Normand Gagne, and two codefendants were convicted of armed robbery, armed assault with intent to murder, attempted murder, assault and battery on a police officer, and assault and battery by means of a dangerous weapon. The Massachusetts Appeals Court reversed the convictions on the basis of errors at trial and remanded for a new trial. Commonwealth v. Gagnon, 16 Mass.App. 110, 449...

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