Legal Opinion

Richard v. Callahan

District Court, D. Massachusetts

Decided March 31, 1983No. Civ. A. No. 81-1129-NPublished

1Opinion of the Court

MEMORANDUM AND ORDER

DAVID S. NELSON, District Judge.

This is a federal habeas corpus petition, pursuant to 28 U.S.C. § 2254. Petitioner Lester Richard challenges the consecutive sentences he is serving for murder and armed robbery, as a violation of both due process and the constitutional prohibition against double jeopardy. Respondent Commonwealth of Massachusetts has filed a motion to dismiss, asserting that petitioner fails to state a claim. Because I agree that Richard does not state a federal constitutional claim, I find that federal jurisdiction does not lie and hereby DISMISS the…

2Cases cited10 opinions

  1. Brown v. OhioSupreme Court of the United States · 1977
  2. Missouri v. HunterSupreme Court of the United States · 1983
  3. Whalen v. United StatesSupreme Court of the United States · 1980
  4. Albernaz v. United StatesSupreme Court of the United States · 1981
  5. Garner v. LouisianaSupreme Court of the United States · 1961

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