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DUFRESNE v. MORAN

No. 83-1540.

729 F.2d 18 (1984)

Alfred DUFRESNE, Petitioner, Appellee, v. John MORAN, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided March 1, 1984.

Rehearing and Rehearing Denied April 11, 1984.

Attorney(s) appearing for the Case

Sharon O'Keefe, Sp. Asst. Atty. Gen., Chief, Appellate Division, Providence, R.I., with whom Dennis J. Roberts II, Atty. Gen., Providence, R.I., was on brief, for respondent, appellant.

Edward L. Gerstein, Providence, R.I., with whom Gerstein & Stolle, Providence, R.I., was on brief, for petitioner, appellee.

Before CAMPBELL, Chief Judge, SWYGERT, Senior Circuit Judge, and BOWNES, Circuit Judge.

Rehearing and Rehearing En Banc Denied April 11, 1984.

SWYGERT, Senior Circuit Judge.

This is an appeal from the grant of a petition for habeas corpus. We reverse.

I

Petitioner-appellee Alfred Dufresne was indicted on November 19, 1976 for murder in the first degree of his ex-wife, Sheila Dufresne. (Sheila was granted an interlocutory decree divorcing her from petitioner approximately one month before the incident.) The case proceeded to...

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