DeLong v. Dickhaut

Before this Court on appeal is the dismissal of Petitioner Joseph DeLong’s 28 U.S.C. § 2254 federal habeas corpus petition. After careful review, we remand to the district court. We begin by outlining the procedural posture of DeLong’s case.

DeLong was convicted by a jury in Massachusetts state court on two indictments charging him with unarmed robbery, 'and sentenced to concurrent terms of fifteen to twenty years’ imprisonment. DeLong filed a motion for a new trial, alleging ineffectiveness of trial counsel and requesting an evidentiary hearing; he later filed an amended motion claiming newly…