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TEVLIN v. SPENCER

No. 09-1894.

621 F.3d 59 (2010)

Scott TEVLIN, Petitioner, Appellant, v. Luis SPENCER, Superintendent, Massachusetts Correctional Institution-Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 8, 2010.

Attorney(s) appearing for the Case

Victoria L. Nadel , for appellant.

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

Before THOMPSON, SELYA, and DYK, Circuit Judges.

DYK, Circuit Judge.

In 1997, Scott Tevlin ("Tevlin") was convicted in a Massachusetts state court of murder in the first-degree (felony murder), armed robbery, and assault and battery by means of a dangerous weapon. He was sentenced to life imprisonment without the possibility of parole for the felony murder and a concurrent term of nine to ten years for the assault and battery. His convictions were affirmed on direct appeal, and postconviction relief was also denied...

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