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SMILEY v. MALONEY

No. 04-1488.

422 F.3d 17 (2005)

Tabue SMILEY, Petitioner, Appellant, v. Michael T. MALONEY, Commissioner of the Massachusetts Department of Corrections, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided September 2, 2005.

Attorney(s) appearing for the Case

John M. Thompson, with whom Thompson & Thompson, P.C. was on brief, for petitioner-appellant.

Maura D. McLaughlin, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, were on brief, for respondent-appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and BALDOCK, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

A Massachusetts Superior Court jury convicted Tabue Smiley of first-degree felony murder, illegal possession of a firearm, kidnaping, and armed assault in connection with a joint venture to rob a drug dealer which ended with one person dead and two others wounded. Smiley appeals the district court's denial of his habeas petition, challenging the first-degree murder conviction with claims of ineffective assistance of counsel in the pre-trial...

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