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JUNTA v. THOMPSON

No. 09-2333.

615 F.3d 67 (2010)

Thomas JUNTA, Petitioner, Appellant, v. Michael THOMPSON, Superintendent, Massachusetts Correctional Institution-Shirley, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 12, 2010.

Attorney(s) appearing for the Case

Chauncey B. Wood, with whom Wood & Nathanson, LLP, was on brief for petitioner/appellant.

James J. Arguin, Assistant Attorney General, Criminal Bureau, with whom Martha Coakley, Attorney General, were on brief for respondent/appellee.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

In 2002, a Massachusetts Superior Court jury convicted Thomas Junta ("Junta") of involuntary manslaughter on the theory of unlawful killing by the commission of a battery. See Mass. Gen. Laws ch. 265, § 13. After unsuccessfully appealing his conviction, Junta petitioned for a writ of habeas corpus in the United States District Court for the District of Massachusetts pursuant to 28 U.S.C. § 2254. Junta now appeals from the...

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