Leonard Lacy v. Joseph Gardino, Superintendent, Northeastern Correctional Center--Concord

BOWNES, Circuit Judge.

Leonard Lacy, who was convicted of first degree murder in Massachusetts, appeals a denial by the district court of his petition for habeas corpus. Lacy alleges that his sixth amendment rights to cross-examination, confrontation, and counsel, as well as his right to an unbiased jury, were violated because, during deliberations, one of the jurors peeled tape off two exhibits which had masked facts about Lacy’s prior prison commitments.

In a previous habeas petition arising out of this same conviction, Lacy had made a claim that his fourteenth amendment right to due process…