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Legal Opinion

DYKENS v. Allen

District Court, D. Massachusetts

Decided October 3, 2008No. Civil Action 04-10544-NMGPublished

1Opinion of the Court

MEMORANDUM & ORDER

GORTON, District Judge.

The petitioner, Timothy Dykens (“Dyk-ens”), is currently serving a life sentence for the commission of various crimes. After this Court denied his petition for habe-as corpus, he has moved for the issuance of a Certificate of Appealability (“COA”).

I. Background

Dykens was convicted of first degree murder, attempted aggravated rape and kidnapping on June 12, 1996, in the Massachusetts Superior Court and was sentenced to life imprisonment. He filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254 on March 16, 2004. Contrary to the requirements of…

2Cases cited9 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. United States v. Paul C. Porter, United States v. Walter G. Baker, United States v. Frederick L. Hearn, United States v. Larry ReservitzCourt of Appeals for the First Circuit · 1985
  3. Burks, Jr. v. DuboiseCourt of Appeals for the First Circuit · 1995
  4. Commonwealth v. WilborneMassachusetts Supreme Judicial Court · 1981
  5. Commonwealth v. St. GermainMassachusetts Supreme Judicial Court · 1980

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