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MALONE v. CLARKE

No. 07-1613.

536 F.3d 54 (2008)

Gerald MALONE, Petitioner, Appellant, v. Harold W. CLARKE, Commissioner, Massachusetts Department of Corrections, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 1, 2008.

Attorney(s) appearing for the Case

Derege B. Demissie, Demissie & Church, for petitioner-appellant.

Eva M. Badway, Assistant Attorney General, Criminal Bureau, with whom Martha Coakley, Attorney General of Massachusetts, was on brief for respondent-appellee.

Before LYNCH, Chief Judge, TASHIMA, Circuit Judge, and LIPEZ, Circuit Judge.

TASHIMA, Circuit Judge.

Gerald Malone was convicted in Massachusetts Superior Court of rape and abuse of a child under sixteen, and indecent assault and battery of a child under fourteen, based on a series of sexual assaults that he committed against his daughter when she was between the ages of eleven and fourteen. After exhausting his state court remedies, Malone petitioned for federal habeas relief pursuant to 28 U.S.C. § 2254. Malone alleged that his trial...

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