No. 19-5667

John J. Blodgett v. Erin Gaffney, Superintendent, Old Colony Correctional Center

Lower Court: First Circuit
Docketed: 2019-08-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence brady-issue brady-violation certificate-of-appealability co-defendant co-defendant-statements co-defendant-testimony confrontation-clause due-process first-circuit-court habeas-corpus
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the First Circuit err by refusing to entertain Blodgett's two meritorious issues, and shut out the possibility of certificate of appealability; where his actual innocence claim has never been fairly considered (Brady issue), and his co-defendant's statements used against him without his co-defendant have counsel (co-defendant suicided before trial), also creating Confrontation Clause errors. The COA should issue.

Question Presented (OCR Extract)

QUESTION PRESENTED: a Didthe First Circuit err by refusing to entertain : “Blodgett 's two meritorious issues, and shut out the : possibility of certificate of appealability; WHERE : his actual innocence claim has neveribeen fairly considered (Brady issue), and his co-defendant !s statements used against him without his co-defendant have counsel (co-defendant .suicided before trial), also creating Confrontation Clause errors. The . : : a ; COA should issue. i Se ; . x . so oe : 3 "

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-26
Waiver of right of respondent Erin Gaffney to respond filed.
2019-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2019)

Attorneys

Erin Gaffney
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
John J. Blodgett
John J. Blodgett — Petitioner
John J. Blodgett — Petitioner