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VIEUX v. PEPE

No. 98-1864.

184 F.3d 59 (1999)

Charles VIEUX, Petitioner, Appellant, v. Peter A. PEPE, Jr., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided July 19, 1999.

Attorney(s) appearing for the Case

Peter M. Onek, by Appointment of the Court, for appellant.

Cathryn A. Neaves, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellees.

Before LYNCH, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

Charles Vieux was charged in a Massachusetts state proceeding with rape and indecent assault and battery stemming from an encounter with Marie Dorcely. After the incident Marquise Dorcely, Marie's younger sister, eavesdropped on a telephone conversation Vieux had with Marie's mother. Over Vieux's objection on hearsay grounds, the court admitted Marquise's testimony regarding a comment Vieux had made. On appeal Vieux claimed ineffective...

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