HALL v. DiPAOLO

No. 95-1379.

72 F.3d 243 (1996)

Derek Wesley HALL, Petitioner, Appellant, v. Paul DiPAOLO, Superintendent, Massachusetts Correctional Institution— Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 3, 1996.

Rehearing Denied February 5, 1996.


Attorney(s) appearing for the Case

Richard B. Klibaner with whom Klibaner & Sabino was on brief, Cambridge, MA, for appellant.

William J. Meade, Assistant Attorney General, with whom Scott Harshbarger, Attorney General, was on brief, Boston, MA, for appellee.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and CYR, Circuit Judge.


BAILEY ALDRICH, Senior Circuit Judge.

Defendant Derek Wesley Hall, having been convicted in the Commonwealth's court for armed robbery in violation of M.G.L. c. 265, § 17, was found guilty at a bench trial following the denial of his motion for acquittal. After exhausting his state appeals he petitioned for a writ of habeas corpus on the ground that the evidence was insufficient to support his conviction for lack of identification. The district court denied the...

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