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LOPEZ v. MASSACHUSETTS

No. CIV.A.01-11207-WGY.

349 F.Supp.2d 109 (2004)

Jose LOPEZ, Petitioner, v. COMMONWEALTH OF MASSACHUSETTS, and Page True, Warden, Sussex State Prison Respondents.

United States District Court, D. Massachusetts.

December 3, 2004.

Attorney(s) appearing for the Case

Benjamin D. Entine, Attorney at Law, Boston, MA, for Jose Lopez, Plaintiff.

Dean A. Mazzone, Attorney General's Office, Boston, MA, for Commonwealth of Massachusetts, Respondent.

Linda A. Wagner, Attorney General's Office, Boston, MA, for Commonwealth of Massachusetts, Respondent.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

Jose Lopez (Lopez) has filed a petition for a federal writ of habeas corpus, alleging that the Massachusetts courts violated his federal constitutional rights to due process and a fair trial, and against compelled self-incrimination, by failing to suppress certain evidence at his trial (and dismiss his indictment on those grounds) or to award him a new trial based on newly discovered evidence. Although Lopez...

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