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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

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,

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(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,

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(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