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O'BRIEN v. MARSHALL

No. 05-2512.

453 F.3d 13 (2006)

Edward S. O'BRIEN, Petitioner, Appellant, v. John MARSHALL, Superintendent, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 27, 2006.

Attorney(s) appearing for the Case

Edward B. Gaffney 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, LYNCH and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

Edward O'Brien was convicted of first-degree murder in Massachusetts state court and sentenced to life in prison. After affirmance by the Massachusetts Supreme Judicial Court ("SJC"), Commonwealth v. O'Brien, 432 Mass. 578, 736 N.E.2d 841, 854 (2000) ("O'Brien I"), O'Brien petitioned for a writ of habeas corpus, which was denied, O'Brien v. Marshall, 384 F.Supp.2d 501...

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