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BREESE v. MALONEY

No. CIV.A. 03-11416-DPW.

322 F.Supp.2d 109 (2004)

Glen J. BREESE, Petitioner, v. Michael T. MALONEY, Respondent,

United States District Court, D. Massachusetts.

July 6, 2004.

Attorney(s) appearing for the Case

Donald K. Freyleue, Ipswich, MA, for Glen J. Breese, Petitioner.

Natalie S. Monroe, Attorney General's Office, Boston, MA, for Michael T. Maloney, Department of Correction, Legal Division, Milford, Respondent.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

This case presents the problem of calculating the limitations period for commencing a habeas corpus petition, when (1) the claim relies upon constitutional rights newly recognized by the Supreme Court following the petitioner's conviction, but (2) those rights have not yet been made retroactive to cases on collateral review.

Glen Breese's conviction for first degree murder was affirmed by the...

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