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SMITH v. HALL

Civ. A. No. 93-10587-DPW.

874 F.Supp. 441 (1995)

Anthony SMITH, Petitioner, v. Timothy HALL, Respondent.

United States District Court, D. Massachusetts.

January 4, 1995.

Attorney(s) appearing for the Case

Willie J. Davis, Davis, Robinson & White, Boston, MA, for petitioner.

William J. Meade, Asst. Atty. Gen., Crim. Bureau, Boston, MA, for respondent.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

The Federal Rules of Criminal Procedure, reflecting long-standing federal practice, prohibit the presence of any person in the grand jury room other than the grand jurors themselves while the grand jury is deliberating or voting. Fed.R.Crim.P. 6(d).1 By contrast, the Massachusetts Rules of Criminal Procedure, reflecting long-standing state practice, permit the prosecuting...

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