DeLong v. Dickhaut, No. 12-1131 (1st Cir. 2013)
Annotate this CaseAfter a jury trial, Defendant was convicted in Massachusetts state courts on two counts of unarmed robbery and sentenced to concurrent terms of fifteen to twenty years' imprisonment. Defendant filed a motion for a new trial, claiming newly discovered evidence. The appeals court affirmed the convictions but remanded for an evidentiary hearing on the newly discovered evidence. Following the evidentiary hearing, the trial court denied the motion for a new trial. The appeals court affirmed. Defendant then filed a 28 U.S.C. 2254 federal habeas corpus petition in the U.S. district court, claiming ineffective assistance of counsel and violations of his right to due process. The district court dismissed the petition because it contained both exhausted and unexhausted claims. The First Circuit Court of Appeals vacated and remanded the case for reconsideration, as the record was inadequate to permit effective appellate review.
The court issued a subsequent related opinion or order on May 10, 2013.
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