Legal Opinion

Joseph Niziolek, Jr. v. Michael Ashe

Court of Appeals for the First Circuit

Decided November 24, 1982No. 82-1305PublishedCited by 69 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

Petitioner-appellant Niziolek appeals from a judgment of dismissal entered by the United States District Court for the District of Massachusetts denying his petition for a writ of habeas corpus. The petition asserted nine grounds for relief. The district court first dismissed one ground (No. 8), a Brady-Giglio claim, for failure of exhaustion. In a detailed and comprehensive opinion, the court found that petitioner had failed to substantiate his eight other claims. In his brief to this court, petitioner has chosen not to pursue three of the grounds for relief (Nos. 2, 5,…

2Cases cited44 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Sandstrom v. MontanaSupreme Court of the United States · 1979
  4. Cupp v. NaughtenSupreme Court of the United States · 1973
  5. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979

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3Cited by69 opinions

  1. United States v. Harry Christian (84-5843), Joe L. Davis (85-5005/85-5346)Court of Appeals for the Sixth Circuit · 1986
  2. United States v. Milton L. KobroskyCourt of Appeals for the First Circuit · 1983
  3. Larry Eugene Evans v. Samuel Lewis Lloyd BramlettCourt of Appeals for the Ninth Circuit · 1988
  4. United States v. Constantine T. KepreosCourt of Appeals for the First Circuit · 1985
  5. Robert Gray Graham v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1984

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