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DELANEY v. BARTEE

No. 07-1526.

522 F.3d 100 (2008)

John DELANEY, Petitioner/Appellant, v. Linda BARTEE, Superintendent, Souza Baranowski Correctional Facility, Respondent/Appellee.

United States Court of Appeals, First Circuit.

Decided April 4, 2008.

Attorney(s) appearing for the Case

David J. Nathanson, Committee for Public Counsel Services, for petitioner/appellant.

Jonathan M. Ofilos, Assistant Attorney General, and Martha Coakley, Attorney General, on brief, for respondent/appellee.

Before BOUDIN, Chief Judge, WALLACE, Senior Circuit Judge, and HOWARD, Circuit Judge.

WALLACE, Senior Circuit Judge.

John Delaney appeals from the district court's order denying his habeas corpus petition. He argues that the prosecutor violated his constitutional rights under Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), by commenting on his decision to remain silent after arrest. The district court held that his claim was procedurally defaulted under the Massachusetts contemporaneous objection...

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