Atkins v. Clarke, No. 10-1870 (1st Cir. 2011)Annotate this Case
The defendant, convicted of unlawful possession of a firearm, was denied a new trial by a Massachusetts state court, which rejected a claim of ineffective assistance of counsel. The court considered the record, affidavits, and court notes, but did not hold an evidentiary hearing. The state supreme court denied review. The federal district court denied an evidentiary hearing and rejected a habeas corpus petition on its merits. The First Circuit affirmed denial of an evidentiary hearing, stating that the defendant's claims were adjudicated on the merits in state court.