Legal Opinion
Richard Joseph Gagne v. Larry R. Meachum
Court of Appeals for the First Circuit
Decided July 31, 1979No. 79-1023PublishedCited by 25 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Circuit Judge.
Richard J. Gagne, who is a Massachusetts state prisoner serving a life sentence for second degree murder, seeks a writ of habe as corpus. We deny petitioner’s request for many of the same reasons given by the court below, Gagne v. Meachum, 460 F.Supp. 1213 (D.Mass.1978).
Gagne was tried and convicted before a Massachusetts Superior Court judge and jury in February 1973, admittedly having shot and killed one Robert Kowalski in Gagne’s Pharmacy in Holyoke on October 29, 1969. Gagne’s explanation was that he discovered an intruder in the pharmacy after it had been…
2Cases cited11 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- Cupp v. NaughtenSupreme Court of the United States · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. McCullumWashington Supreme Court · 1983
- Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1980
- Kowalski v. GagneCourt of Appeals for the First Circuit · 1990
- DeJoinville v. CommonwealthMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. BenoitMassachusetts Supreme Judicial Court · 1983
20 more not listed; retrieve them via the Exa API.