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NOM v. SPENCER

No. 02-2173.

337 F.3d 112 (2003)

Sarourt NOM, Petitioner, Appellant, v. Luis SPENCER and Thomas F. Reilly, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided July 29, 2003.

Attorney(s) appearing for the Case

Daniel J. Johnedis, for petitioner.

Eva M. Badway, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent.

Before BOUDIN, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

This petition for habeas corpus relief challenges the propriety of a question asked by a police officer after the petitioner had unambiguously invoked his Fifth Amendment right to counsel.

I.

On September 13, 1995, a Middlesex Superior Court jury convicted the petitioner, Sarourt Nom ("Nom"), of the first degree murder of his wife and unlawful possession of a firearm. The court sentenced Nom to life in prison. On November 18...

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