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HODGE v. MENDONSA

No. 13-1825.

739 F.3d 34 (2013)

Ivan HODGE, Petitioner, Appellee, v. Anthony MENDONSA, Superintendent, Respondent, Appellant.

United States Court of Appeals, First Circuit.

December 30, 2013.

Attorney(s) appearing for the Case

Eva M. Badway , Assistant Attorney General, Criminal Bureau, with whom Martha Coakley , Attorney General of Massachusetts, and Thomas E. Bocian , Assistant Attorney General, Criminal Bureau, were on brief, for appellant.

Michael D. Cutler for appellee.

Before LYNCH, Chief Judge, TORRUELLA and KAYATTA, Circuit Judges.

LYNCH, Chief Judge.

Federal habeas petitioner Ivan Hodge was convicted, along with co-defendant O'Neil Francis, by a Massachusetts jury in March 2007 of the second-degree murder of Tacary Jones and another charge, stemming from a March 2005 shooting on an MBTA bus in Boston. Hodge's convictions were affirmed on appeal by the Massachusetts Appeals Court ("MAC") in November 2010. Commonwealth v. Francis, 78 Mass.App.Ct. 1107

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