Smith v. Hall

USCA1 Opinion









August 1, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT




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No. 95-1057

ANTHONY SMITH,

Petitioner, Appellant,

v.

TIMOTHY HALL,

Respondent, Appellee.


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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge] ___________________

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Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

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Willie J. Davis, Davis, Robinson & White, on brief for appellant. _______________ _______________________
Scott Harshbarger, Attorney General, and William J. Meade, __________________ ___________________
Assistant Attorney General, on brief for appellee.


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Per Curiam. Anthony Smith appeals from the ___________

district court's dismissal of his habeas corpus petition.

See Smith v. Hall, 874 F. Supp. 441 (D. Mass. 1995). The ___ _____ ____

district court concluded that Teague v. Lane, 489 U.S. 288 ______ ____

(1989) (plurality opinion), and its progeny barred

consideration of the merits of Smith's petition because Smith

sought a new, constitutional rule of criminal procedure which

was not a "watershed" rule of criminal procedure. Finding no

error in the court's decision, we affirm substantially for

the reasons stated at length by the district court. See Loc. ___

R. 27.1.

Affirmed. _________