LOWE

v.

MASSACHUSETTS

Citator

Cited By

• Taylor v. Gilmore, 954 F.2d 441 (7th Cir. 1992)
  …tate’s strongest argument in this regard is that Falconer broke from Peery v. Sielaff, 615 F. 2d 402 (7th Cir.1979), cert. denied, 446 U.S. 940, 100 S.Ct. 2163, 64 L.Ed.2d 794 (1980), and Bacon v. De Robertis, 728 F. 2d 874 (7th Cir.), cert. denied, 469 U.S. 840, 105 S.Ct. 143, 83 L.Ed.2d 82 (1984). Both cases (according to the state) hold that a court’s refusal to tender voluntary manslaughter instructions at a homicide trial does not violate due process. If this were all Peery and Bacon held, Falconer w…
• Santiago v. United States, 889 F.2d 371 (1st Cir. 1989)
  …pursue the matter under his § 2255 petition. See United States v. Harris, 727 F. 2d 401, 406-07 (5th Cir.) (claim made on direct appeal that stand committed fine violates equal protection premature in view of administrative remedies), cert. denied, 469 U.S. 840, 105 S.Ct. 143, 83 L.Ed.2d 82 (1984); United States v. Mack, 655 F. 2d 843, 846-47 (8th Cir.1981) (same, in context of § 2255 petition). Our disposition, however, is without prejudice to petitioner again seeking relief under § 2255 should he be able…
• Casale v. Fair, 833 F.2d 386 (1st Cir. 1987)
  …le, supra, 381 Mass, at 171, 408 N.E. 2d at 844. “Malice” includes committing an act that creates “a plain and strong likelihood that death or grievous harm will follow.” Commonwealth v. Lowe, 391 Mass. 97,107, 461 N.E. 2d 192, 198-99, cert. denied, 469 U.S. 840 (1984). Moreover, under the Massachusetts theory of joint enterprise, one may be punished in the same manner as a principal if one “aids in the commission of a felony.” Mass.Gen.L.Ann. ch. 274, § 2 (West Supp. 1987). Although mere presence at the s…