District court's denial of a petition for habeas relief of a defendant convicted of first degree murder is affirmed where: 1) defendant's jury instruction claim was procedurally defaulted; and 2) defendant's claim of ineffective assistance of counsel rejected as futile.
Read Glacken v. Dickhaut, No. 09-1491
Appellate Information
Appeal from the United States District Court for the District of Massachusetts
Decided November 3, 2009
Judges
Before: Lipez, Stahl, and Howard, Circuit Judges
Opinion by Howard, Circuit Judge
Counsel
For Appellant: Joseph J. Balliro, Jr. , and Balliro & Mondano
For Appellee: Martha Coakley, Attorney General and Anne M. Thomas, Assistant Attorney General
