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FORSYTH v. SPENCER

No. 09-1011.

595 F.3d 81 (2010)

Scott FORSYTH, Petitioner, Appellant, v. Luis SPENCER, Superintendent at MCI Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 16, 2010.

Attorney(s) appearing for the Case

Victoria L. Nadel, for appellant.

Jessica V. Barnett, Assistant Attorney General, Criminal Bureau, Appeals Division, with whom Martha Coakley, Attorney General, was on brief, for appellee.

Before BOUDIN, STAHL and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

Scott Forsyth, appealing after a denial of his petition for habeas corpus, is serving eight to ten years in state prison for assault and battery with a dangerous weapon, malicious destruction of property, and attempted arson. His conviction stemmed from an incident at his mother's home in the pre-dawn hours of September 10, 2000. During an argument, Forsyth took a nearby can of gasoline and chased his mother into the kitchen with it; spilled...

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