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JENKINS v. BERGERON

No. 15-1081.

824 F.3d 148 (2016)

Shaun JENKINS, Petitioner, Appellant, v. Karen BERGERON, Superintendent, Old Colony Correctional Center, Respondent, Appellee.

United States Court of Appeals, First Circuit.

May 27, 2016.

Attorney(s) appearing for the Case

Stewart T. Graham, Jr., with whom Graham & Graham was on brief, for appellant.

Thomas E. Bocian, Assistant Attorney General, Criminal Bureau, with whom Maura Healey, Attorney General of Massachusetts, was on brief, for appellee.

Before Howard, Chief Judge, Selya and Lynch, Circuit Judges.

Shaun Jenkins was convicted in Massachusetts state court in 2005 of the first-degree murder of his cousin and was sentenced to life in prison. He did not testify, and this appeal involves the question of who has the burden of showing why under the facts of this case. The state trial court denied Jenkins's motion for a new trial...

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