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KIRWAN v. SPENCER

No. 09-2438.

631 F.3d 582 (2011)

Scott D. KIRWAN, Petitioner, Appellant, v. Luis SPENCER, Superintendent, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 28, 2011.

Attorney(s) appearing for the Case

Stephen Paul Maidman , for appellant.

Argie K. Shapiro , Assistant Attorney General, Criminal Bureau, with whom Martha Coakley , Attorney General, was on brief for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and SMITH, District Judge.

TORRUELLA, Circuit Judge.

After a jury trial in the Massachusetts Superior Court, Scott D. Kirwan was convicted of first-degree murder and sentenced to life in prison for killing Steven Meagher. Kirwan appealed, and the Massachusetts Supreme Judicial Court ("SJC") affirmed his conviction. See Commonwealth v. Kirwan, 448 Mass. 304, 860 N.E.2d 931, 943 (2007).

Kirwan filed a petition for a writ of habeas corpus...

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