STEWART v. COALTER

No. 94-1626.

48 F.3d 610 (1995)

Gary STEWART, Petitioner, Appellee, v. William COALTER, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided February 28, 1995.


Attorney(s) appearing for the Case

William J. Meade, Asst. Atty. Gen., Criminal Bureau, with whom Scott Harshbarger, Atty. Gen., was on brief, for respondent.

Patricia A. O'Neill, Committee for Public Counsel Services, Public Counsel Div., Boston, MA, for petitioner.

Before SELYA, BOUDIN and STAHL, Circuit Judges.


BOUDIN, Circuit Judge.

Gary Stewart was convicted by a jury in Massachusetts Superior Court of second degree murder. After the Supreme Judicial Court upheld the conviction, Stewart filed a habeas corpus petition and the district court ultimately granted the writ, holding that the evidence at the state trial was inadequate to permit a reasonable jury to convict. That ten very able judges before us have disagreed so sharply over the evidence is a measure of the difficulty...

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