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LANIGAN v. MALONEY

Nos. 88-1200, 88-1424.

853 F.2d 40 (1988)

Thomas J. LANIGAN, Petitioner, Appellee, v. Michael T. MALONEY, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided August 9, 1988.

Attorney(s) appearing for the Case

Judy G. Zeprun, Asst. Atty. Gen., Criminal Bureau, with whom James M. Shannon, Atty. Gen., was on brief, for respondent, appellant.

David J. Fine, by Appointment of the Court, with whom Silverglate, Gertner, Fine & Good was on brief, for petitioner, appellee.

Before COFFIN, and SELYA, Circuit Judges, and ACOSTA, District Judge.

COFFIN, Circuit Judge.

The district court granted Thomas J. Lanigan's petition for a writ of habeas corpus on the ground that the instructions on reasonable doubt given at his criminal trial in Massachusetts state court were constitutionally defective. The Commonwealth appeals, claiming that the district court erred both on the merits and in failing to find that Lanigan's claim is procedurally barred. We have carefully considered the Commonwealth's arguments, but...

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