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George J. Nardi v. Peter Pepe, Superintendent

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

George Nardi was convicted of first-degree murder in a Massachusetts state trial court for killing his mother, Dianne Barchard. Nardi later sought federal habeas relief and now, following its denial, presses a single claim on appeal: he argues that the state trial court violated his rights under the Confrontation Clause of the Sixth Amendment by admitting expert opinion testimony resting on what he contends was inadmissible testimonial hearsay.

The underlying facts are drawn from the Massachusetts Supreme Judicial Court’s (“SJC”) opinion affirming Nardi’s conviction, Commonwealth v. Nardi, 893 N.E.2d 1221 (Mass. 2008). See 28 U.S.C. § 2254(e)(1) (2006). At the time of Barchard’s death, Nardi, then thirty-seven years old, lived with Barchard, then fifty-nine years old, in her apartment. The two had what the SJC called a stormy relationship. In December 2002, Barchard began telling friends–and Nardi became aware–that she planned to move into elderly housing the following month, where Nardi could not stay with her.

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