Likely v. Ruane, No. 10-1262 (1st Cir. 2011)
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After Massachusetts rejected the petitioner's appeals from his conviction on charges relating to distribution of cocaine, the U.S. Supreme Court decided Melendez-Diaz v. Massachusetts, holding that chemical analysts were witnesses for purposes of the Sixth Amendment and must be available for cross-examination and confrontation. The district court denied a subsequent petition for habeas corpus and the First Circuit affirmed. Under the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. 2254, the issue is whether the state's decision violated clearly established federal law. Federal law was not clearly established at the time of the state decision.
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