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JOHNSON v. NORTON

No. 00-2110.

249 F.3d 20 (2001)

Ronald JOHNSON, Petitioner, Appellee, v. Paul E. NORTON, Superintendent, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided May 10, 2001.

Attorney(s) appearing for the Case

James J. Arguin, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, were on brief, for appellant.

Edward B. Gaffney, was on brief, for appellee.

Before TORRUELLA, Chief Judge, LIPEZ, Circuit Judge, and STEARNS, District Judge.

TORRUELLA, Chief Judge.

Prior to his appearance on the first day of a criminal trial in Massachusetts state court, petitioner-appellee Ronald Johnson was struck on the head by a fellow inmate. The court denied Johnson's motion for a continuance and continued with jury selection. During a break in the proceedings, Johnson collapsed and the court suspended the trial so that Johnson could be treated. Johnson returned to trial on the second day and was convicted by a...

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