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.
Appeal from the United States District Court for the District of Massachusetts
Decided October 19, 2009
Opinion by: Lynch, Chief Judge
For Appellant: Raymond E. Gillespie
For Appellee: Jennifer L. Sullivan, Assistant Attorney General, Criminal Bureau, Martha Coakley, Attorney General