1:24-cv-10100•Shiner v. Souza-Baranowski Correctional Center
Testo completo
Dominic Shiner,
United States District Court
District of Massachusetts
Petitioner,
V. Civil Action No.
24-10100-NMG
Souza-Baranowski Correctional
Center,
Respondent.
MEMORANDUM & ORDER
GORTON, J.
Before the Court is the petition for writ of habeas corpus
(Docket No . 1) of petitioner Dominic Shiner ("petitioner " or
" Shiner " ) . Shiner seeks relief from his state court conviction
for manslaughter on the basis that the trial court improperly
admitted evidence that deni ed him a meaningful o pp o rt unity to
present a defense . Because Shiner has failed to exhaust his
claims entirely , his petition will be denied .
I . Background
A. Facts
In September , 2015 , Shiner was indicted for murd er in the
f irst degree in connection with the fatal stabbing of Sean Dwyer
one year earlie r . Shiner was convicted by a jury of voluntary
manslaughter and witnes s intimi dat ion and was sentenced to 16 to
19 years of i n c arc eratio n .
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Case 1:24-cv-10100-NMG Document 41 Filed 11/21/25 Page 1 of 6At trial , the Commonwealth of Massachusetts (" the
Commonwealth " ) presented no eyewitness or forensic evidence
linking Shiner to the stabbing . It did introduce surveillan ce
footage from a nearby home security system which appeared to
show a person in a light - colored sweatshirt running away from
the scene shortly after the crime . Eyewitness testimony had
reporte d that p etitioner was wearing a black sweatshir t two
hours after Dwyer was killed .
To address that discrepancy , a police detective testified
that h e r etur ned to the residence from which the surve ill an ce
footage was collected six months after the incident and
performed a test in which a fellow officer walked by the camera
wearin g a black shirt . The detective determined that , in the
resulting foota g e , the sh irt appeared to be light - colored . He
took a photo of the surveillance scr een but did not preserve the
footage .
That photo , as well as t he detecti ve ' s explanation of the
test , was presented to the jury . The detective offered no
opinion as to the color of Shiner ' s sweatshirt that night and
instead explained only his own observation of t he test .
Petitioner o bjected that the admission of such testimony
required an expert witness to testify that conditions between
the test and actual footage were similar enough to render the
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Case 1:24-cv-10100-NMG Document 41 Filed 11/21/25 Page 2 of 6testimony admissible , and that the officer conceded that he had
no expertise in videogr aphy .
The judge allowed the testimony to be presented to the jury
but issued a d etailed limitin g instruction . He cautioned the
jury that the demonstration was not to be taken as actual
evidence but rather as a showing that , just becaus e a vi de o
depicts something as light-colored does not mean that i t was .
Outside the presence of the jury , the judge made a statement for
the record that the conditions appeared similar enough to
warrant admission of the demonstration .
B. Procedural History
Petitioner appealed his conviction to the Massachusetts
Appeals Court (" the MAC " ) . With respect to the question of t h e
video demonstration , petitioner appealed its admission so l e ly on
evidentiary grounds , claiming that the testimony amounted to
imprope r opinion testimony by a lay witness in violation of
Mass . G. Evid . §701 .
The MAC affirmed the ruling but one judge dissented ,
finding that the majority had failed to apply the test for
admissibility of experiment evidence as described in
Commonwealth v . Rintala , 488 Mass . 421 (2021) , and Daubert v .
Merrell Dow Pharms ., Inc ., 509 U. S . 579 (1993) . The dissent
contended that evidence of the experiment was inadmissible under
Rintala and Daubert , and that its admission undermined the
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Case 1:24-cv-10100-NMG Document 41 Filed 11/21/25 Page 3 of 6exculpatory value of the surveillance footage and denied
petitioner a fair trial.
Petitioner filed an application for further appellate
review (" FAR " ) to the Supreme Judicial Court (" the SJC " ) bu t
that application was denied . In his pending petition for writ
of habeas corpus , Shiner ' s sole claim is that the admission of
the ev id ence den ie d h im his constitutional right to present a
defense under Holmes v . South Carolina , 54 7 U. S . 319 (2006) .
II. Petition for Writ of Habeas Corpus
A. Legal Standard
For a writ of habeas corpus to be successful , a petitioner
must show that the state court acted contrary to , or committed
an unreasonable application of , clearly established precedent of
the Supreme Court of the United States . 28 U. S . C . §2254 (d ) .
Relief may not be gr anted unless t he petiti one r has exhausted
a ll remedies availabl e in state court . §2254 (b) ( 1) (A) .
B. Application
Before the Court may consider the merits of Shiner ' s
petition , it must first determine whether his claims were fu lly
exhausted . Exhaustion requires a petitioner to present fairly
the factual and legal basis of his claims to t h e state court .
Coningford v . Rhode Island , 640 F . 3d 478 , 482 (1st Cir . 2011) .
Presentment may be satisfied in a numb er of ways but generally
requires conspicuous presentation of a federal constitu tional
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Case 1:24-cv-10100-NMG Document 41 Filed 11/21/25 Page 4 of 6claim , identification of a s p ecific cons t itutional right , reliance on constitutional precedent or asse r tion of a state - law claim that is functionally identical to a federal constitutiona l claim . Id . The Court s h ould determine whether the presentation would be likely to alert a reasonable jurist to the existence of a federal question . Nadworny v . Fair , 872 F . 2d 1093 , 1101 ( 1s t Cir . 1989) . In his appeal to the MAC , Sh iner inc l uded no reference , ex plicit or otherwise , to a denial of his constitutional right under Holmes . Rather , his appeal was based solely upon whether the admission of the detective ' s testimony violated state evidentiary rules . Alt h oug h the dissenti n g judge concluded that admission of the test negated the exculpatory value of the footage and therefore denied pe titioner the right to a fair tri a l , there is no indication that the MAC was alerted to the specific constitutional challenge under Holmes . The Court concludes that the legal basis for petitioner ' s claim was not therefo re fairly presented to the MAC . The Court need not determine wh ether the claim was fairly presented to the SJC because that court regularly declines to review claims not included in an original appea l . See Grieco v . Hall , 487 F . Supp . 1193 , 1199 (D . Mass . 1980) . The Holmes claim was n ot raised at the MAC , not fairly presented to the SJC and therefore not exhausted . That failure to exhaust is fatal to - 5 - Case 1:24-cv-10100-NMG Document 41 Filed 11/21/25 Page 5 of 6
Shiner ' s pending petition . Martens v . Sha n no n, 836 F . 2d 715 , 717 (1st Cir . 1988) . ORDER For the forgoing reasons , the petition for writ of habeas co rpus (Docket No . 1) is DENIED. So ordered. Senior United States District Judge Dated : November :Z( , 2025 - 6- Case 1:24-cv-10100-NMG Document 41 Filed 11/21/25 Page 6 of 6
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