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HURTADO v. TUCKER

No. 00-1609.

245 F.3d 7 (2001)

Bernardo HURTADO, Petitioner, Appellee, v. John TUCKER, Attorney General of the Commonwealth of Massachusetts, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Annette C. Benedetto, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellant.

Charles S. Nierman, with whom Eugene Patrick McCann and Manzi and McCann, were on brief, for appellee.

Before SELYA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

A writ of habeas corpus was granted by the district court to Bernardo Hurtado, who had been convicted of various state drug crimes. The district court determined that the state appellate courts erred in concluding that the evidence at trial was sufficient to support Hurtado's conviction, and that, under the Antiterrorism and Effective Death Penalty Act ("AEDPA"),1 the error...

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