CEFALO v. MATESANZ

No. 97-11001-JLT.

49 F.Supp.2d 54 (1999)

Robert J. CEFALO, Petitioner, v. James MATESANZ, Respondent.

United States District Court, D. Massachusetts.

May 17, 1999.


Attorney(s) appearing for the Case

Robert J. Cefalo, Bay State Correctional Center, Norfolk, MA, pro se.

Cathryn A. Neaves, Attorney General's Office, Boston, MA, for James Matesanz, Superintendent, Respondent.


MEMORANDUM

TAURO, Chief Judge.

I. INTRODUCTION

Pro se Petitioner Robert J. Cefalo applies for a writ of habeas corpus. Petitioner claims that the trial judge gave constitutionally deficient jury instructions on reasonable doubt and the presumption of innocence. Respondent argues that an adequate and independent state procedure bars any habeas review of Petitioner's claims. Alternatively, Respondent argues that the Massachusetts...

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