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FOXWORTH v. ST. AMAND

No. 08-1751.

570 F.3d 414 (2009)

Robert FOXWORTH, Petitioner, Appellee, v. Peter ST. AMAND, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided June 29, 2009.

Attorney(s) appearing for the Case

Susanne G. Reardon, Assistant Attorney General, Commonwealth of Massachusetts, with whom Martha Coakely, Attorney General, was on brief, for appellant.

John M. Thompson, with whom Linda J. Thompson and Thompson & Thompson, P.C. were on brief, for appellee.

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

SELYA, Circuit Judge.

This habeas appeal presents several challenging questions. Two of these are particularly intriguing. The first involves the effect of an eyewitness's expression of less than complete certitude about a crucial out-of-court identification that he previously made. The second is a multi-part question. The initial part deals with the cut-off point for determining what constitutes "clearly established Federal...

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