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MOORE v. PONTE

No. 98-1292.

186 F.3d 26 (1999)

Albert F. MOORE, Jr., Petitioner, v. Joseph PONTE, Respondent.

United States Court of Appeals, First Circuit.

Decided August 2, 1999.

Attorney(s) appearing for the Case

John H. LaChance, by appointment of the Court, with whom Victoria L. Nadel, was on brief, for petitioner.

Gregory I. Massing, Assistant Attorney General, Criminal Bureau, Appellate Division, with whom Scott Harshbarger, Attorney General, was on brief, for respondent.

Before STAHL, Circuit Judge, MAGILL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

MAGILL, Senior Circuit Judge.

A Massachusetts jury convicted Albert Moore, Jr. of first degree murder on June 18, 1976. The Essex Superior Court sentenced Moore to life imprisonment without parole. On direct appeal, the Supreme Judicial Court of Massachusetts (SJC) affirmed Moore's conviction. See Commonwealth v. Moore (Moore I), 379 Mass. 106, 393 N.E.2d 904 (Mass.1979). In 1988, Moore...

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