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JOHNSON v. NORTON

No. CIV.A. 99-11249-DPW.

151 F.Supp.2d 130 (2000)

Ronald JOHNSON, Petitioner, v. Paul E. NORTON, Superintendent, Respondent.

United States District Court, D. Massachusetts.

July 7, 2000.

Attorney(s) appearing for the Case

Edward B. Gaffney, Law Office of Edward B. Gaffney, Wayland, MA, for Petitioner.

Catherine E. Sullivan, Assistant Attorney General, Criminal Bureau, Boston, MA, for Respondent.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

The state court trial of the petitioner in this habeas corpus proceeding was suspended on its first day after jury selection following a report from a nurse in the court's lockup that the petitioner had "passed out twice and he's vomiting and ... I think he ... might have a concussion and he should be checked out." (Tr. I:28.) The following day, relying upon a report made to him by a court officer—...

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