Legal Opinion

Niland v. Hall

Court of Appeals for the First Circuit

Decided February 8, 2002No. 01-1739PublishedCited by 17 opinions

1Opinion of the Court

ROSENN, Senior Circuit Judge.

In 1994, the appellant, Neil Niland, shot and killed his girlfriend, Melissa Herlihy, while she was asleep in bed in their apartment. Niland claimed he killed her accidentally while cleaning his rifle. The Commonwealth of Massachusetts had thought otherwise and a Middlesex County grand jury indicted him for first degree murder and unlawful possession of a rifle. Niland was tried to a jury which found him guilty of second degree murder and unlawful possession of a rifle. The trial judge sentenced him to a mandatory life term. The Massachusetts Appeals Court…

2Cases cited8 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. Cupp v. NaughtenSupreme Court of the United States · 1973
  4. Francis v. FranklinSupreme Court of the United States · 1985
  5. Henderson v. KibbeSupreme Court of the United States · 1977

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3Cited by17 opinions

  1. Foxworth v. St. AmandCourt of Appeals for the First Circuit · 2009
  2. John v. RussoCourt of Appeals for the First Circuit · 2009
  3. Abbott v. Salem, N H , et al.District Court, D. New Hampshire · 2006
  4. Foxworth v. ST. AMANDCourt of Appeals for the First Circuit · 2009
  5. Bader v. Warden, NHSPDistrict Court, D. New Hampshire · 2003

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