HEALY v. SPENCER

No. 06-1269.

453 F.3d 21 (2006)

Wayne Blyth HEALY, Petitioner, Appellee, v. Luis SPENCER, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided June 27, 2006.


Attorney(s) appearing for the Case

Maura D. McLaughlin, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for appellant.

Wendy Sibbison for appellee.

Gary D. Buseck and Mary L. Bonauto on brief for Gay & Lesbian Advocates & Defenders, amicus curiae.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.


LYNCH, Circuit Judge.

Petitioner Wayne Healy was tried in 1981 for the murder of Richard Chalue, who had been found stabbed to death in his home. At trial, the prosecution suggested, in response to certain defense arguments, that Healy killed Chalue during a homosexual encounter gone awry. Healy was convicted and is now serving a life sentence.

More than fifteen years later, in response to a discovery request connected...

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