Foxworth v. St. Amand

612 F.3d 705 (2010) | Cited 22 times | First Circuit | July 22, 2010

Before Lynch, Chief Judge, Selya and Siler,1 Circuit Judges.

For reasons elucidated in our earlier opinion in this appeal, see Foxworth v. St. Amand, 570 F.3d 414 (1st Cir. 2009), as augmented by the decision of the Supreme Judicial Court of Massachusetts in response to our certified question, see Foxworth v. St. Amand, ___ N.E.2d ___, [2010 WL 2617381 (Mass. Jul. 2, 2010)] (Mass. 2010); see also Mass. S.J.C. R. 1:03, we reverse the decision of the district court and direct the entry of a judgment denying and dismissing the underlying habeas corpus petition. Each party shall bear his own costs.

The judgment is reversed and the habeas petition is denied and dismissed.

1. Of the Sixth Circuit, sitting by designation.

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