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DUARTE v. DIPAOLO

No. Civ.A. 98-10745-WGY.

40 F.Supp.2d 40 (1999)

Aristides DUARTE, Petitioner, v. Paul DIPAOLO, Respondent.

United States District Court, D. Massachusetts.

March 5, 1999.

Attorney(s) appearing for the Case

Willie J. Davis, Davis, Robinson & White, Boston, MA, for Aristides Duarte, Petitioner.

Gregory I. Massing, Attorney General's Office, Boston, MA, for Paul L. DiPaolo, Superintendent at MCI-Norfolk, respondent.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. Introduction

Aristides Duarte ("Duarte") petitions this Court for habeas corpus relief pursuant to 28 U.S.C. § 2254. Duarte contends that his convictions in state court for first degree murder and assault and battery violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution because (1) the trial judge failed to instruct the jury on the requirement...

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