McCAMBRIDGE v. HALL

No. 00-1621.

303 F.3d 24 (2002)

John M. McCAMBRIDGE, Petitioner, Appellant, v. Timothy HALL, Superintendent, Respondent, Appellee.

United States Court of Appeals, First Circuit.

August 27, 2002.


Attorney(s) appearing for the Case

John M. McCambridge on brief pro se.

Elizabeth L. Prevett, Federal Defender Office, on brief for amicus curiae Federal Defender Office.

James J. Arquin, Assistant Attorney General, and Thomas F. Reilly, Attorney General, on brief for appellee.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, TORRUELLA and SELYA, Circuit Judges, CYR, Senior Circuit Judge, and LYNCH, LIPEZ and HOWARD, Circuit Judges.


OPINION EN BANC

LYNCH, Circuit Judge.

Petitioner John M. McCambridge appeals the district court's denial of his habeas corpus petition challenging the constitutionality of his state conviction for manslaughter. A panel of this court had earlier reversed the district court and granted his petition, holding: (1) that the prosecution failed to disclose exculpatory evidence and improperly took advantage of the absence of this evidence in its closing arguments...

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