Smith v. MacEachern

Opinion

VASE LUSHOVLUSOS"INVIS WOCUTTIENE 4U5 Filed U4/4i/ly Frage 1 Of 56

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

SAM SMITH, ) ) Petitioner, ) Vv. ) CIVIL ACTION ) NO. 09-10434-NMG DUANE MacEACHERN, ) ) Respondent. )

REPORT AND RECOMMENDATION ON PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 February 21, 2019 , DEIN, U.S.M.J. l. INTRODUCTION The petitioner, Sam Smith (“Smith” or the “defendant” or the “petitioner”), was convicted of first degree murder by a Suffolk County, Massachusetts jury on June 12, 2001 for the shooting death of Steven Gaul. He was sentenced to life in prison without the possibility of parole. Smith filed a motion for a new trial on June 24, 2004, which was denied on February 10, 2006. His conviction, and the denial of his motion for a new trial, were affirmed by the Massachusetts Supreme Judicial Court (“SJC”) on January 11, 2008. Commonwealth v. Smith, 450 Mass. 395, 879 N.E.2d 87 (2008) (“Smith 1”). On January 24, 2008, Smith sought a rehearing from the SJC, which was denied on April 4, 2008. Smith sought a writ of certiorari from the United States Supreme Court, which was denied on October 6, 2008. Smith v. Massachusetts, 555 U.S. 893, 129 S. Ct. 202, 172 L. Ed. 2d 161 (2008). GY cormidsrsttion, of aM Fhe a Taos Miorcts [Dockt Net. □□□ 20FG aud ait) and } dete, A accptrd and adepled., □□□ 6 /20/ 511 Gala, , USO 17