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Louis R. Costa v. Timothy Hall, Superintendent, Massachusetts Correctional Institute

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Before Lynch, Chief Judge, Souter, *fn1 Associate Justice, and Stahl, Circuit Judge.

Louis Costa is serving a life sentence without possibility of parole for the first-degree murders of two men in 1986 in Boston’s North End. One of the victims was shot sixteen times, the other seven, at close range. Three defendants were charged and the ballistics evidence indicated that three guns were used.

Costa was sixteen years old at the time, but after a hearing in juvenile court, he was transferred to Massachusetts Superior Court for adult criminal proceedings, based on separate findings that there was probable cause to believe he had committed the murders and that he was not amenable to rehabilitation in the juvenile justice system. Had he remained in juvenile court, he would have undergone rehabilitation within the juvenile system; once transferred to Superior Court, he faced life imprisonment if convicted.

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