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CLEMENTS v. CLARKE

No. 09-1629.

592 F.3d 45 (2010)

Jason CLEMENTS, Petitioner, Appellee, v. Harold W. CLARKE, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided January 20, 2010.

Attorney(s) appearing for the Case

Randall B. Ravitz, Assistant Attorney General, Criminal Bureau, with whom Martha Coakley, Attorney General, was on brief, for appellant.

Rosemary Curran Scapicchio for appellee.

Before TORRUELLA, SELYA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

This habeas petition is before us for a second time. In 1995, a Massachusetts Superior Court jury convicted Jason Clements of second-degree murder, resulting in his receiving a life sentence. After unsuccessfully appealing his conviction, Clements petitioned for a writ of habeas corpus in the District of Massachusetts pursuant to 28 U.S.C. § 2254. When this case first reached us, we clarified which issues had been exhausted and were therefore...

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