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BROWN v. POWELL

No. 91-1707.

975 F.2d 1 (1992)

Timothy A. BROWN, Petitioner, Appellant, v. Ronald POWELL, Commissioner, New Hampshire Department of Corrections, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided July 15, 1992.

Attorney(s) appearing for the Case

W. Kirk Abbott, Jr., Asst. Appellate Defender, Appellate Defender Program, for petitioner, appellant.

Janice K. Rundles, Asst. Atty. Gen., Criminal Justice Bureau, with whom John P. Arnold, Atty. Gen., was on brief, for respondents, appellees.

Before CAMPBELL and TORRUELLA, Circuit Judges, POLLAK, Senior District Judge.

TORRUELLA, Circuit Judge.

Petitioner Timothy A. Brown was found guilty of first degree murder after a jury trial held in New Hampshire Superior Court, Hillsborough County. Pursuant to New Hampshire's first degree murder statute,1 he was sentenced to life in prison without parole. The New Hampshire Supreme Court affirmed Brown's conviction and his sentence.2 He then filed a habeas corpus petition

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