Janosky v. St. Amand , No. 09-1012

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.  

Read Janosky v. St. Amand , No. 09-1012

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided February 3, 2010

Judges

Before:  Lynch, Chief Judge, Stahl, and Seyla, Circuit Judges

Opinion by  Circuit Judge Seyla

Counsel

For Appellant:  Francis J. Hurley, Gannon & Hurley, P.C.

For Appellee:    Anne M. Thomas, Assistant Attorney General, Commonwealth of Massachusetts, Martha Coakley, Attorney General,