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HEALY v. SPENCER

No. CIV.A.03-30031-MAP.

397 F.Supp.2d 269 (2005)

Wayne Blyth HEALY, Petitioner v. Luis SPENCER, et al Respondents

United States District Court, D. Massachusetts.

November 8, 2005.

Attorney(s) appearing for the Case

David M. Lieber, Assistant Attorney General, Boston, MA, for Luis Spencer, Thomas F. Reilly, Respondents.

Natalie S Monroe, Attorney General's Office, Boston, MA, for Luis Spencer, Thomas F. Reilly, Respondents.

Wendy Sibbison, Greenfield, MA, for Wayne Blyth Healy, Petitioner.

MEMORANDUM REGARDING REPORT AND RECOMMENDATION ON PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR AN EVIDENTIARY HEARING (Dkt. Nos. 1 and 19)

PONSOR, District Judge.

I. INTRODUCTION

Habeas corpus petitioner Wayne Blyth Healy ("Healy" or "Petitioner") contends that he has been wrongly imprisoned following his conviction on one count of first-degree murder. His arguments can be divided into three categories: (1) that the prosecution...

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