EVICCI v. MALONEY

No. 03-1964.

387 F.3d 37 (2004)

Wilfred H. EVICCI, Petitioner-Appellant, v. Michael T. MALONEY, Commissioner of the Massachusetts Department of Corrections, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided October 25, 2004.


Attorney(s) appearing for the Case

David Rossman was on brief for petitioner-appellant.

Eva M. Badway, with whom Thomas F. Reilly was on brief for respondent-appellee.

Before TORRUELLA, DYK and HOWARD, Circuit Judges.


DYK, Circuit Judge.

This is a federal habeas case in which the petitioner claims ineffective assistance of counsel. The petitioner was convicted of aggravated rape in the Massachusetts state courts. He claims that his counsel was ineffective because counsel failed to raise a defense that the petitioner was likely innocent because the victim had chlamydia, while the petitioner did not contract it after the alleged rape. We conclude that petitioner has not met his burden...

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