FORTINI v. MURPHY

No. 00-2305.

257 F.3d 39 (2001)

Robert E. FORTINI, III, Petitioner, Appellant, v. Paul B. MURPHY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided July 27, 2001.


Attorney(s) appearing for the Case

Robert L. Sheketoff with whom Sheketoff & Homan was on brief for petitioner.

Thomas W. Dee, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief for respondent.

Before Boudin, Chief Judge, LYNCH and LIPEZ, Circuit Judges.


BOUDIN, Chief Judge.

This is an appeal by Robert Fortini from a federal district court order dismissing Fortini's petition for a writ of habeas corpus. Fortini is currently serving a life sentence, having been convicted in state court of second degree murder. Fortini's claim depends critically on the facts of the case which we describe in some detail, identifying the few significant details that were disputed.

In 1992, Fortini lived in a second-floor apartment...

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