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CLEMENTS v. MALONEY

No. 05-2411.

485 F.3d 158 (2007)

Jason CLEMENTS, Petitioner, Appellant, v. Michael T. MALONEY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 30, 2007.

Attorney(s) appearing for the Case

Rosemary Curran Scapicchio, for appellant.

Randall E. Ravitz, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.

Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and SINGAL, District Judge.

LIPEZ, Circuit Judge.

This case, involving the exhaustion requirement for habeas petitioners, requires us to examine some particulars of Massachusetts appellate procedure. Although we note the possibility that a portion of one of our prior decisions, Barresi v. Maloney, 296 F.3d 48 (1st Cir.2002), might no longer be valid in light of the Supreme Court's decision in Baldwin v. Reese, 541 U.S. 27

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