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EVANS v. THOMPSON

No. 07-1014.

518 F.3d 1 (2008)

Jimmy EVANS, Petitioner, Appellant, v. Michael A. THOMPSON, Superintendent of MCI Shirley, Respondent, Appellee, United States of America, Intervenor.

United States Court of Appeals, First Circuit.

Decided February 8, 2008.

Attorney(s) appearing for the Case

Michael R. Schneider with whom Salsberg & Schneider were on brief for appellant.

John M. Thompson and Thompson & Thompson, P.C., on brief for the Committee for Public Counsel Services, the National Association of Criminal Defense Lawyers, the Massachusetts Association of Criminal Defense Lawyers, and the Criminal Justice Institute, amici curiae.

Susanne G. Reardon, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief for appellee.

Michael A. Rotker, Attorney, Department of Justice, with whom Alice S. Fisher, Assistant Attorney General, was on brief for intervenor.

Before LYNCH, Circuit Judge, SELYA and SILER, Senior Circuit Judges.

LYNCH, Circuit Judge.

Jimmy Evans seeks federal habeas relief under 28 U.S.C. § 2254, asserting that he received ineffective assistance of counsel during his Massachusetts state trial for murder. He also challenges the constitutionality of limitations imposed by § 2254(d)(1), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214. Evans argues that the...

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