District court's denial of defendant's petition for habeas relief is affirmed where: 1) defendant is barred from litigating his procedurally defaulted jury instruction claim; 2) defendant's claim of ineffective assistance of counsel is rejected; and 3) defendant did not present his Sixth Amendment claim, the scrap of paper, fairly and recognizably to the state trial court.
Appeal from the United States District Court for the District of Massachusetts
Decided February 3, 2010
Opinion by Circuit Judge Seyla
For Appellant: Francis J. Hurley, Gannon & Hurley, P.C.
For Appellee: Anne M. Thomas, Assistant Attorney General, Commonwealth of Massachusetts, Martha Coakley, Attorney General,