Legal Opinion

Martinez v. Spencer

District Court, D. Massachusetts

Decided February 14, 2002No. CIV.A. 00CV11765RGSPublishedCited by 2 opinions

1Opinion of the Court

ORDER

STEARNS, District Judge.

On January 25, 2002, the petitioner filed an objection to Magistrate Judge Bowler’s Report and Recommendation. Despite petitioner’s argument that trial counsel’s failure to impeach Melissa Gaulin, and his failure to seek to exclude inadmissible evidence that bolstered her testimony, constituted ineffective assistance, I agree with Magistrate Judge Bowler’s careful analysis, and her conclusion that counsel’s performance did not fall below an objective standard of reasonableness. Petitioner’s principal argument regarding alleged pros-ecutorial misconduct is even…

2Cases cited87 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Brecht v. AbrahamsonSupreme Court of the United States · 1993

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3Cited by2 opinions

  1. Norton v. SpencerDistrict Court, D. Massachusetts · 2003
  2. Bader v. Warden, NHSPDistrict Court, D. New Hampshire · 2005

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