Zuluaga v. Spencer, No. 08-1402

District court's denial of defendant's petition for habeas relief is affirmed where: 1) deferential review is required when it is clear that the state courts either used their own state standard, which is more generous than the federal standard, or used the federal standard, although the state courts did not cite to any case law; and 2) even if the petitioner were entitled to de novo review on habeas, his petition must still be denied because there was no juncture at which evidence of a trooper's prior false testimony would have been admissible under Massachusetts law.     

Read Zuluaga v. Spencer, No. 08-1402

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

Decided October 19, 2009

Judges

Before:  Lynch, Chief Judge, Gajarsa, and Lipez, Circuit Judges

Opinion by:  Lynch, Chief Judge

Counsel

For Appellant:  Raymond E. Gillespie

For Appellee:  Jennifer L. Sullivan, Assistant Attorney General, Criminal Bureau, Martha Coakley, Attorney General