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DICKERSON v. LATESSA

No. 88-1764.

872 F.2d 1116 (1989)

Lewis H. DICKERSON, Petitioner, Appellant, v. Arthur LATESSA, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 25, 1989.

Attorney(s) appearing for the Case

John P. Osler, Boston, Mass., Committee for Public Counsel Services, for petitioner, appellant.

Linda G. Katz, Asst. Atty. Gen., Crim. Bureau, with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief, for respondent, appellee.

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

LEVIN H. CAMPBELL, Chief Judge.

Lewis H. Dickerson appeals from the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982).

Dickerson's petition challenges on equal protection grounds the so-called "gatekeeper" provision of Mass.Gen.Laws Ann. ch. 278, § 33E (1981). Under that provision, a defendant like Dickerson who was convicted of a capital offense in a Massachusetts court is not entitled, following...

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