Troy Brown v. Paul Ruane

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Before Lynch, Chief Judge, Boudin and Lipez, Circuit Judges.

Following a jury trial in the Massachusetts Superior Court, petitioner Troy Brown was convicted of armed assault with intent to rob a person sixty years of age or older. Rejecting Brown’s contention that the trial court unconstitutionally restricted his cross-examination of two investigating police officers in contravention of the Sixth and Fourteenth Amendments of the United States Constitution, the Massachusetts Appeals Court affirmed Brown’s conviction in an unpublished memorandum of decision. See Commonwealth v. Brown, 857 N.E.2d 507 (unpublished table decision), 2006 WL 3392089 (Mass. App. Ct. Nov. 24, 2006). Both the Massachusetts Supreme Judicial Court and the United States Supreme Court denied discretionary review. See Commonwealth v. Brown, 861 N.E.2d 28 (Mass. 2007); Brown v. Massachusetts, 552 U.S. 834 (2007). Brown then petitioned in federal district court for a writ of habeas corpus, contending that the Appeals Court’s analysis of his confrontation claim was either contrary to the Supreme Court’s holding in Delaware v. Van Arsdall, 475 U.S. 673 (1986), or was an unreasonable application of both Van Arsdall and established principles of due process. The district court disagreed and denied the petition. After careful consideration, we affirm.

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