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COLLINS v. RODEN

No. 12-2515.

749 F.3d 29 (2014)

David COLLINS, Petitioner, Appellant, v. Gary RODEN, Respondent, Appellee.

United States Court of Appeals, First Circuit.

April 18, 2014.

Attorney(s) appearing for the Case

Lori H. Levinson , with whom The Law Office of Lori H. Levinson, PC, was on brief, for appellant.

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

Before Lynch, Chief Judge, Thompson and Kayatta, Circuit Judges.

KAYATTA, Circuit Judge.

David Collins was tried and convicted in Massachusetts state court on charges of forcibly raping his nephew J.B. and J.B.'s friend, C.V.B. Collins unsuccessfully sought to overturn that conviction in state court, arguing that his attorney provided ineffective assistance by failing to seek the admission of evidence that Collins's sister had accused J.B. himself of sexually assaulting three of Collins's nieces. Having exhausted his direct appeals...

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