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DAGLEY v. RUSSO

No. 07-2059.

540 F.3d 8 (2008)

Stephen DAGLEY, Petitioner, Appellant, v. Lois RUSSO, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 15, 2008.

Attorney(s) appearing for the Case

Brownlow M. Speer, with whom the Committee for Public Counsel Services was on brief, for petitioner.

Scott Katz, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief, for respondent.

Before TORRUELLA, JOHN R. GIBSON, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Petitioner Stephen Dagley was convicted in the Essex County Superior Court in Massachusetts of first degree murder and sentenced to a mandatory term of life imprisonment without the possibility of parole. After exhausting his state court appeals, petitioner filed a 28 U.S.C. § 2254 habeas petition challenging his detention. He asserted that a prosecutor's prejudicial misstatement during closing arguments, and the court's subsequent failure...

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