KIBBE v. DUBOIS

No. 00-2440.

269 F.3d 26 (2001)

Mark A. KIBBE, Petitioner, Appellee, v. Larry E. DUBOIS, et al., Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided October 23, 2001.


Attorney(s) appearing for the Case

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

Brownlow M. Speer, on brief, for appellee.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.


TORRUELLA, Circuit Judge.

Appellee Mark A. Kibbe ("Kibbe") was charged with arson of a dwelling house in Hampden County court in Massachusetts. He was tried before a jury on June 9 and 10, 1992, and found guilty of the lesser included offense of arson of a building. After exhausting state court remedies, Kibbe petitioned for the writ of habeas corpus. The district court granted Kibbe's petition, ruling that the prosecutor's reference to Kibbe's post-Miranda

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