TASH v. RODEN

No. 10-1173.

626 F.3d 15 (2010)

Dewitt TASH, Petitioner, Appellant, v. Gary RODEN, Superintendent; Martha Coakley, Attorney General, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided November 16, 2010.


Attorney(s) appearing for the Case

Janet Hetherwick Pumphrey for appellant.

Amy L. Karangekis , Assistant Attorney General, Criminal Bureau, with whom Martha Coakley , Attorney General, was on brief for appellees.

Before BOUDIN, RIPPLE and SELYA, Circuit Judges.


BOUDIN, Circuit Judge.

In 2002 Dewitt Tash was convicted of raping a mentally impaired adult woman in his care at a state facility in Feeding Hills, Massachusetts. The putative victim had no use of her arms, legs or hands and was incapable of communication. The case rested importantly, but not entirely, on Tash's confession to the crime. After two unsuccessful state appeals, he sought habeas corpus; the federal district court denied the petition but granted a certificate...

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