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SIEGFRIEDT v. FAIR

No. 92-1731.

982 F.2d 14 (1992)

Kent A. SIEGFRIEDT, Petitioner, Appellant, v. Michael FAIR, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 23, 1992.

Attorney(s) appearing for the Case

Brownlow M. Speer, Boston, MA, with whom Committee for Public Counsel Services was on brief, for petitioner, appellant.

Pamela L. Hunt, Asst. Atty. Gen., Boston, MA, with whom Scott Harshbarger, Atty. Gen., Cambridge, MA, was on brief, for respondent, appellee.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

Petitioner-appellant Kent A. Siegfriedt seeks appellate review of an order of the United States District Court for the District of Massachusetts dismissing his application for habeas relief. See 28 U.S.C. § 2241-2254 (1988). The issue presented on appeal is nominal in the classic sense. We must determine whether the admission at trial of an unavailable witness's tape-recorded testimony, originally adduced at a probable cause hearing...

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