Hudson v. Kelly, No. 21-1899 (1st Cir. 2024)
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In 1990, Mac Hudson and Charles Hughes were tried for charges relating to a shooting incident which resulted in the death of one person and injury of another. After being convicted, their verdict was reversed by the Massachusetts Appeals Court for unrelated reasons and a retrial was ordered.
During the second trial in 1997, issues arose regarding the jury selection process and the admission of certain witness testimonies. The judge reduced the number of jurors from sixteen to fifteen, which Hudson claimed prejudiced his use of peremptory challenges. Furthermore, key witness Kimbrough, who recanted his testimony from the first trial, was deemed unavailable to testify. His previous testimony was, however, read into the record. Hudson argued that his right to due process was violated by these actions. Despite these objections, Hudson was again convicted and sentenced to life imprisonment for second-degree murder, among other charges.
Following unsuccessful appeals in state court, Hudson petitioned for a writ of habeas corpus in federal court, arguing that his right to due process was violated during his trial. The United States Court of Appeals for the First Circuit affirmed the District Court's denial of Hudson's petition. The court found that the Massachusetts Appeals Court's rulings on Hudson's claims were not contrary to, nor involved an unreasonable application of, clearly established Federal law as determined by the Supreme Court of the United States.
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