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O'LAUGHLIN v. O'BRIEN

No. 08-1010.

568 F.3d 287 (2009)

Michael O'LAUGHLIN, Petitioner, Appellant, v. Steven O'BRIEN, Superintendent, Old Colony Correctional Center, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 10, 2009.

Attorney(s) appearing for the Case

Kenneth I. Seiger, for appellant.

Scott A. Katz, Assistant Attorney General, Criminal Bureau, with whom Martha Coakley, Attorney General, was on brief for appellee.

Before TORRUELLA, BALDOCK, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

On the morning of November 17, 2000, Annmarie Kotowski ("Mrs. Kotowski") was found in her apartment severely beaten and covered in blood. She survived, but could not remember the details surrounding the attack or the person who attacked her. After an investigation, police identified Petitioner-Appellant Michael O'Laughlin as the perpetrator.

A Massachusetts Superior Court jury subsequently convicted O'Laughlin of the following counts...

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