PERKINS v. RUSSO

No. 08-1150.

586 F.3d 115 (2009)

Robert PERKINS, Petitioner, Appellant, v. Lois RUSSO, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 18, 2009.


Attorney(s) appearing for the Case

Robert Perkins on brief pro se.

Argie K. Shapiro, Assistant Attorney General, Criminal Bureau, James J. Arguin, Assistant Attorney General, Criminal Bureau, and Martha Coakley, Attorney General, on brief for respondent.

Before LYNCH, Chief Judge, BOUDIN and STAHL, Circuit Judges.


BOUDIN, Circuit Judge.

Robert Perkins is currently serving a twenty-five-to-forty-year sentence in state prison for his conviction on charges related to the armed robbery, kidnapping and wounding of James Martin in 1993. Based on a certificate of appealability ("COA"), Perkins now appeals to this court from the district court's denial of his petition for a writ of habeas corpus.

Evidence offered by the state at Perkins' original trial indicated that Perkins...

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