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SLEEPER v. SPENCER

No. 06-2477.

510 F.3d 32 (2007)

Joseph SLEEPER, Petitioner, Appellant, v. Luis S. SPENCER, Superintendent, M.C.I. Norfolk; Martha Coakley, Attorney General of the Commonwealth of Massachusetts, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided December 5, 2007.

Attorney(s) appearing for the Case

William C. Newman, with whom Richard L. Goldman was on the brief, for appellant.

Eva M. Badway, Assistant Attorney General, Commonwealth of Massachusetts, with whom Martha Coakley, Attorney General, was on brief for appellee.

Before LYNCH and LIPEZ, Circuit Judges and BARBADORO, District Judge.

BARBADORO, District Judge.

Joseph Sleeper was convicted of first degree murder in Massachusetts Superior Court. The Supreme Judicial Court (SJC) affirmed Sleeper's conviction, Commonwealth v. Sleeper, 435 Mass. 581, 760 N.E.2d 693, 713 (2002), and the United States District Court for the District of Massachusetts denied his petition for a writ of habeas corpus. Sleeper v. Spencer, 453 F.Supp.2d...

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