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MARSHALL v. BRISTOL SUPERIOR COURT

No. 13-1965.

753 F.3d 10 (2014)

Ryan MARSHALL, Petitioner, Appellee, v. BRISTOL SUPERIOR COURT, Respondent, Appellant.

United States Court of Appeals, First Circuit.

May 23, 2014.

Attorney(s) appearing for the Case

Amy L. Karangekis , Assistant Attorney General, with whom Martha Coakley , Attorney General of Massachusetts, and Kris C. Foster , Assistant Attorney General, were on brief, for appellant.

Richard J. Fallon for appellee.

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

LYNCH, Chief Judge.

Petitioner Ryan Marshall was granted a writ of habeas corpus, pursuant to 18 U.S.C. § 2241, on double jeopardy grounds. The writ bars Marshall's imminent prosecution for the murder of George Carpenter pending in the Bristol County Superior Court.

Marshall was indicted in 2001 and convicted in 2006 as an accessory before the fact to Carpenter's murder. The Massachusetts Supreme Judicial Court...

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