WALKER v. RUSSO

No. 07-1650.

506 F.3d 19 (2007)

Donovan WALKER, Petitioner, Appellant, v. Lois RUSSO, Superintendent, Souza-Baranowski Correctional Center, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 19, 2007.


Attorney(s) appearing for the Case

Leslie W. O'Brien, for petitioner.

Eva M. Badway, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief, for respondent.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

This is an appeal from a denial of a habeas corpus petition, under 28 U.S.C. § 2254, by Donovan Walker. Walker was convicted of first degree murder in Massachusetts state court and is serving a sentence of life imprisonment.

There is no doubt Walker killed Tyrone Davis outside a bar in November 1999 by stabbing him in the head. The only question at trial was whether the defendant was guilty of first degree murder or a lesser offense...

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