John J. Blodgett v. Erin Gaffney, Superintendent, Old Colony Correctional Center
DueProcess HabeasCorpus JusticiabilityDoctri
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: 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 "