Glacken v. Dickhaut, No. 09-1491

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