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SMITH v. DICKHAUT

No. 11-1216.

669 F.3d 64 (2012)

Victor E. SMITH, Petitioner, Appellant, v. Thomas DICKHAUT, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 17, 2012.

Attorney(s) appearing for the Case

Charles K. Stephenson for appellant.

Annette C. Benedetto , Assistant Attorney General, Criminal Bureau, with whom Martha Coakley , Attorney General, was on brief for appellee.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

BOUDIN, Circuit Judge.

Victor Smith is serving a life sentence in a Massachusetts state prison for first-degree murder. Massachusetts' Supreme Judicial Court ("SJC") affirmed Smith's conviction on direct review, Commonwealth v. Smith, 449 Mass. 12, 864 N.E.2d 1194 (2007), and he now appeals from the federal district court's denial of habeas relief. The facts underlying the conviction are set out at length in the SJC's opinion...

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