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FISHER v. SCAFATI

Misc. Civ. No. 69-2-G.

314 F.Supp. 929 (1970)

Ronald FISHER v. Palmer C. SCAFATI, Superintendent, Massachusetts Correctional Institution, Walpole.

United States District Court, D. Massachusetts.

Memorandum and Order Following Evidentiary Hearing July 13, 1970.

Attorney(s) appearing for the Case

Richard J. Rubin, Gainsburg, Gottlieb, Levitan & Cole, New York City, for petitioner.

David G. Nagle, Deputy Asst. Atty. Gen., Boston, Mass., Lawrence Cohen, Asst. Atty. Gen., Matthew J. Ryan, Jr., Dist. Atty., Western Dist., Springfield, Mass., for defendant.

MEMORANDUM AND ORDER

GARRITY, District Judge.

Petitioner is seeking issuance of a writ of habeas corpus. He is presently in the custody of respondent pursuant to a stayed sentence of death upon conviction for murder in the first degree in the Massachusetts Superior Court for Hampden County after a trial which began on September 26, 1966. By a previous order the court limited consideration of the petition to petitioner's claim that the denial of his motion...

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