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Smith v. Hall, 95-1057 (1995)

Court: Court of Appeals for the First Circuit Number: 95-1057 Visitors: 40
Filed: Aug. 01, 1995
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Willie J. Davis, Davis, Robinson White, on brief for appellant.__________________ ___________________, Assistant Attorney General, on brief for appellee.See Smith v. Hall, 874 F. Supp.was not a watershed rule of criminal procedure.the reasons stated at length by the district court.
USCA1 Opinion









August 1, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT




____________________


No. 95-1057

ANTHONY SMITH,

Petitioner, Appellant,

v.

TIMOTHY HALL,

Respondent, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

____________________

Willie J. Davis, Davis, Robinson & White, on brief for appellant. _______________ _______________________
Scott Harshbarger, Attorney General, and William J. Meade, __________________ ___________________
Assistant Attorney General, on brief for appellee.


____________________

____________________


















Per Curiam. Anthony Smith appeals from the ___________

district court's dismissal of his habeas corpus petition.

See Smith v. Hall, 874 F. Supp. 441 (D. Mass. 1995). The ___ _____ ____

district court concluded that Teague v. Lane, 489 U.S. 288 ______ ____

(1989) (plurality opinion), and its progeny barred

consideration of the merits of Smith's petition because Smith

sought a new, constitutional rule of criminal procedure which

was not a "watershed" rule of criminal procedure. Finding no

error in the court's decision, we affirm substantially for

the reasons stated at length by the district court. See Loc. ___

R. 27.1.

Affirmed. _________




































Source:  CourtListener

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