Robert Foxworth v. Peter St. Amand

Of the Sixth Circuit, sitting by designation. *
United States Court of Appeals
For the First Circuit
No. 08-1751
ROBERT FOXWORTH,
Petitioner, Appellee,
v.
PETER ST. AMAND,
Respondent, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Rya W. Zobel, U.S. District Judge]
Before
Lynch, Chief Judge,
Selya and Siler, Circuit Judges. *
Susanne G. Reardon, Assistant Attorney General, Commonwealth
of Massachusetts, with whom Martha Coakley, Attorney General, was
on brief, for appellant
John M. Thompson, with whom Linda J. Thompson and Thompson &
Thompson, P.C. were on brief, for appellee.
July 22, 2010

-- 1 of 2 --

-2-
Per Curiam. 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.

-- 2 of 2 --