Raposa v. Bissonnette

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 07-2061
ROBIN RAPOSA,
Petitioner, Appellant,
v.
LYNN BISSONETTE, SUPERINTENDENT,
Respondent, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nancy Gertner, U.S. District Judge]
Before
Boudin, Selya and Dyk,*
Circuit Judges.
Donald A. Harwood for petitioner.
Scott A. Katz, Assistant Attorney General, Criminal Bureau,
with whom Martha Coakley, Attorney General, was on brief for
respondent.
September 4, 2008
*
Of the Federal Circuit, sitting by designation.
Per Curiam. Petitioner Robin Raposa appeals from the
district court's judgment denying her petition for a writ of habeas
corpus. 28 U.S.C. § 2254 (2000).
Raposa's petition challenged her Massachusetts state
court conviction for first degree murder and conspiracy to commit
murder in connection with the death of her husband, Robert Raposa.
Although the district court denied relief, it granted a certificate
of appealability on several of Raposa claims of asserted error:
specifically, that the prosecutor's summation violated Raposa's due
process rights, as did aspects of the prosecutor's cross-
examination and the state court's subsequent admission of allegedly
prejudicial evidence.
The Commonwealth, in turn, argues that Raposa failed to
exhaust her federal constitutional claims in the Massachusetts
Supreme Judicial Court ("SJC"). In the alternative, the
Commonwealth argues that the SJC's decision was neither contrary
to, nor an unreasonable application of, clearly established federal
law.
The district court found that Raposa had exhausted her
federal claims below, but that there was no error in the SJC's
decision warranting a grant of the writ. We have given Raposa's
arguments careful consideration but in the end see no reason to
differ with, or add to, either part of the district court's
thoughtful and well-reasoned opinion.
Affirmed.