Sena v. Kenneway, No. 20-1471 (1st Cir. 2021)
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The First Circuit affirmed the judgment of the district court ruling that Appellant, a state prisoner, had not satisfied the good cause requirement for his failure to have exhausted his claim in state court, holding that the district court acted within the bounds of its discretion.
Appellant was convicted in a Massachusetts superior court of assault and battery with a dangerous weapon and assault and battery with a dangerous weapon causing serious bodily injury. The Massachusetts Appeals Court affirmed, concluding that Appellant's claim that the trial court abused its discretion in excluding his proffered witness was waived. Appellant eventually filed a habeas petition in the federal district court. The district court denied Appellant's motion for a stay in abeyance and dismissed his habeas petition. The First Circuit affirmed, holding that Petitioner failed to satisfy the good cause requirement.
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