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CALDWELL v. MALONEY

No. 98-1511.

159 F.3d 639 (1998)

Michael CALDWELL, Petitioner, Appellee, v. Michael T. MALONEY, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided November 2, 1998.

Attorney(s) appearing for the Case

Gregory I. Massing, Assistant Attorney General, with whom Scott Harshbarger, Attorney General, was on brief, for appellant.

Alan Jay Black for appellee.

Before BOUDIN, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

Michael Caldwell, an African-American man, was tried in Massachusetts state court in 1986 for the rape, sexual assault, and kidnapping of two women, who were white. During jury selection, defense counsel timely objected to four of the prosecutor's peremptory challenges, asserting that the prosecutor had purposefully struck all the black1 jurors on the basis of their race...

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