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LYONS v. BRADY

No. 09-1059.

666 F.3d 51 (2012)

Michael LYONS, Petitioner, Appellant, v. Bernard BRADY, Superintendent, Old Colony Correctional Center, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 17, 2012.

Attorney(s) appearing for the Case

Paul J. McManus , for appellant.

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

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

THOMPSON, Circuit Judge.

A Massachusetts jury convicted petitioner Michael Lyons ("Lyons") of second-degree murder in the death of his two week old son. Lyons timely filed a motion seeking to reduce the verdict to involuntary manslaughter, which the trial court granted and the Massachusetts Appeals Court ("MAC") affirmed. However, on appeal to the Supreme Judicial Court ("SJC"), the court vacated the reduction and reinstated Lyons's original conviction for second...

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