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HICKS v. CALLAHAN

No. 88-1137.

859 F.2d 1054 (1988)

Wayne S. HICKS, Petitioner, Appellee, v. William F. CALLAHAN, etc., Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Paula J. DeGiacomo, Asst. Atty. Gen., Criminal Bureau, with whom James M. Shannon, Atty. Gen., and A. John Pappalardo, Deputy Atty. Gen., Chief, Criminal Bureau, Boston, Mass., were on brief, for respondent, appellant.

Robert A. Sherman by Appointment of the Court, with whom Maria P. Nichols and Gaffin & Krattenmaker, P.C., Boston, Mass., were on brief, for petitioner, appellee.

Before CAMPBELL, Chief Judge, BOWNES and SELYA, Circuit Judges.

BOWNES, Circuit Judge.

This is an appeal by the Commonwealth of Massachusetts from the district court's opinion and order granting Wayne S. Hicks' petition for habeas corpus. We reverse.

I. PROCEDURAL HISTORY

As usual in habeas corpus cases, this case has travelled a lengthy and tortuous procedural path. On November 12, 1974, Hicks and two co-defendants, Perley Witham and Joseph Marshall, were sentenced to life imprisonment without parole after being...

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