GLACKEN v. DICKHAUT

No. 09-1491.

585 F.3d 547 (2009)

Derek GLACKEN, Petitioner, Appellant, v. Thomas DICKHAUT, Superintendent, Souza Baranowski Correctional Facility, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 3, 2009.


Attorney(s) appearing for the Case

Joseph J. Balliro, Jr., and Balliro & Mondano, on brief for appellant.

Martha Coakley, Attorney General and Anne M. Thomas, Assistant Attorney General, Criminal Bureau, on brief for appellee.

Before LIPEZ, STAHL and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

Following a jury trial in Massachusetts Superior Court, Derek Glacken ("Glacken") was convicted of first degree murder by reason of extreme atrocity or cruelty in the June 1996 stabbing death of Francis Sullivan. He was sentenced to life imprisonment. After Massachusetts' highest court affirmed his conviction1, Glacken sought habeas corpus relief in federal district court. In his state-court appeal and in the federal...

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