Legal Opinion
Delaney v. Bartee
Court of Appeals for the First Circuit
Decided April 4, 2008No. 07-1526PublishedCited by 17 opinions
1Opinion of the Court
WALLACE, Senior Circuit Judge.
John Delaney appeals from the district court’s order denying his habeas corpus petition. He argues that the prosecutor violated his constitutional rights under Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), by commenting on his decision to remain silent after arrest. The district court held that his claim was procedurally defaulted under the Massachusetts contemporaneous objection rule and therefore not subject to habeas review. On appeal, Delaney argues (1) that his claim was not procedurally barred, and (2) that the state court’s decision on…
2Cases cited13 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Doyle v. OhioSupreme Court of the United States · 1976
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Yeboah-Sefah v. FiccoCourt of Appeals for the First Circuit · 2009
- Foxworth v. St. AmandCourt of Appeals for the First Circuit · 2009
- Dagley v. RussoCourt of Appeals for the First Circuit · 2008
- Jewett v. BradyCourt of Appeals for the First Circuit · 2011
- Connolly v. RodenCourt of Appeals for the First Circuit · 2014
12 more not listed; retrieve them via the Exa API.