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Case 1:06-cv-00176-SM Document 4 Filed 05/26/2006 Page 1 of 11
Dockets.Justia.com
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Standard of Review
Background
appeal, he alleged that the trial court erred under New Hampshire
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Discussion
is in custody and has exhausted all state court remedies (or that
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three claims.
Maloney, 853 F.2d 40, 42 (1st Cir. 1988), cert. denied, 488 U.S.
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review. Grounds Two, Three and Four are similar to the claims
raise the claim in state court. See Stone v. Powell, 428 U.S.
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Artuz, 322 F.3d 182, 185 (2d Cir. 2003)(“[T]he merits of a Fourth
324 F.3d 527, 530-31 (7th Cir. 2003) (same); Graham v. Costello,
Here, the record reveals that Hammell had a full and fair
search and seizure, and the New Hampshire Supreme Court denied
been available to Hammell and has provided him with a full and
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claim to the New Hampshire Supreme Court for review and has cited
trial counsel.
C. Prosecutorial Misconduct
(Ground Three)
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U.S. 39, 57 (1987); accord Horton v. O’Dea, 194 F.3d 1312, (6th
of his claim to the New Hampshire Supreme Court for review and
prosecutorial misconduct.
D. Miranda Violation
(Ground Four)
claim to the New Hampshire Supreme Court for review and has cited
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Conclusion
that it be dismissed.
complaint.
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Law Committee v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992);
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James R. Muirhead
United States Magistrate Judge
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