Magraw v. Roden, No. 13-1483 (1st Cir. 2014)
Annotate this CaseAfter a jury trial, Petitioner was found guilty of second-degree murder. Petitioner’s conviction was affirmed on appeal by the state court. Petitioner subsequently sought a writ of habeas corpus in the federal district court, which denied habeas relief but issued a certificate of appealability as to three claims. The First Circuit Court of Appeals affirmed, holding (1) the state court did not abuse its discretion in concluding that the evidence adduced at trial was sufficient to support Petitioner’s conviction for second-degree murder; (2) the state court did not abuse its discretion when it declined to find a due process violation based on the unavailability of the victim’s larynx; and (3) the state court’s determination that certain statements made by the prosecutor did not constitute prosecutorial misconduct sufficient to warrant setting aside Petitioner’s conviction was not an unreasonable application of the law.
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