SIMPSON v. MATESANZ

No. 98-2343.

175 F.3d 200 (1999)

William H. SIMPSON, Petitioner, Appellee, v. James MATESANZ, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided May 4, 1999.


Attorney(s) appearing for the Case

Susanne G. Levsen, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for appellant.

Dana A. Curhan for appellee.

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


LYNCH, Circuit Judge.

William H. Simpson was convicted in Massachusetts state court in 1974 of the murder of Thomas Morris, who was stabbed to death by Simpson's associate while Simpson beat Morris with a baseball bat and hammer. Simpson is serving a life sentence without parole.

At Simpson's trial, the trial judge instructed the jury, in accord with long-standing tradition, that absence of reasonable doubt meant the jurors must be sure to a "moral certainty...

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