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GASKINS v. DUVAL

No. 09-2322.

640 F.3d 443 (2011)

Tony B. GASKINS, Petitioner, Appellant, v. Ronald T. DUVAL, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 13, 2011.

Attorney(s) appearing for the Case

John J. Barter , for appellant.

Eva M. Badway , Assistant Attorney General, Criminal Bureau, with whom Martha Coakley , Attorney General, was on brief, for appellee.

Before TORRUELLA, SELYA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Petitioner Tony Gaskins appeals the district court's denial of his request for habeas corpus relief from his 1992 Massachusetts state court conviction for first degree murder. 28 U.S.C. § 2254. He claims that his conviction was based on coerced and perjured testimony and faulty jury instructions. Massachusetts contends that the district court erred in failing to dismiss the petition as untimely, but correctly decided its substance. The...

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