Stephen A. Preston v. John Seay

Stephen Preston appeals from the district court’s denial of his petition for habeas corpus. At issue is the constitutionality of Mass.Gen.Laws ch. 278, § 24, which, as applied, has resulted in a deemed waiver of petitioner’s right to a jury trial because of his “solid default” of appearance. See Commonwealth v. Preston, 1980,-Mass. -, Mass.App.Ct.Adv.Sh. 2137, 413 N.E.2d 749, further review denied, 1981 Mass. Adv.Sh. 217. District Judge Keeton dealt comprehensively with Preston’s claim; as we agree with Judge Keeton’s reasoning, we affirm primarily on the basis of his opinion. 541 F.Supp. 898…