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OLSEN v. CORREIRO

No. 96-1425.

189 F.3d 52 (1999)

Lester OLSEN, Plaintiff, Appellant, v. William CORREIRO, Alan Silvia, and The City of Fall River, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 30, 1999.

Attorney(s) appearing for the Case

John H. Cunha, Jr., with whom Helen Holcomb, Charles Allan Hope, Cunha & Holcomb, P.C., and Professor Kent B. Greenfield were on brief, for appellant.

Arthur D. Frank, Jr. for appellee William Correiro.

Andrew B. Peppard, with whom Borders, Littman & Peppard was on brief, for appellee Alan Silvia.

Thomas F. McGuire, Jr., Corporation Counsel, for appellee City of Fall River.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

On May 13, 1986, Lester Olsen was convicted of the first-degree murder of Harold Fernandes and was sentenced to life in prison without the possibility of parole. Approximately five years later, a Massachusetts court overturned his conviction, a ruling that was based on the investigating police officers' failure to disclose an audiotaped interview with the prosecution's chief witness, and ordered a new trial. Olsen was released from prison on...

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