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Logan v. Gelb

United States Court of Appeals, First Circuit

June 15, 2015

JULIAN CASTLE LOGAN, Petitioner, Appellant,
v.
BRUCE GELB, Respondent, Appellee

Page 66

[Copyrighted Material Omitted]

Page 67

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Hon. William G. Young, U.S. District Judge.

Dana A. Curhan on brief for appellant.

Ryan E. Ferch, Assistant Attorney General, Criminal Bureau, and Maura Healey, Attorney General of Massachusetts, on brief for appellee.

Before Lynch, Chief Judge, Torruella and Barron, Circuit Judges.

OPINION

Page 68

PER CURIAM.

Julian Castle Logan (formerly known as Joao Pedro Barbosa Jr.) was convicted in 2007 in Massachusetts state court of living off or sharing the earnings of a minor prostitute in violation of Massachusetts law. After twice being rebuffed by the Massachusetts Appeals Court, see Commonwealth v. Barbosa, No. 08-P-1620, 2010 WL 680349 (Mass.App. Ct. Mar. 1, 2010) (Barbosa I); Commonwealth v. Barbosa, 83 Mass.App.Ct. 1119, 984 N.E.2d 316, 2013 WL 1103912 (Mass.App. Ct. 2013) (Barbosa II), Logan filed a petition for a writ of habeas corpus in federal court in 2013 seeking to invalidate his conviction on a number of grounds. The district court denied the petition, concluding that none of Logan's arguments satisfied the exacting standards that govern habeas review of a state court conviction. Logan v. Gelb, 52 F.Supp.3d 122 (D. Mass. 2014). We affirm.

I.

On federal habeas review, the findings of fact of a state court " shall be presumed to be correct." 28 U.S.C. § 2254(e)(1); see Sumner v. Mata, 455 U.S. 591, 592-93, 102 S.Ct. 1303, 71 L.Ed.2d 480 (1982) (per curiam). We take the facts as presented by the Massachusetts Appeals Court which affirmed Logan's conviction, Barbosa I, 2010 WL 680349, at *1-2, supplemented with other record facts consistent with the state court's findings. Scoggins v. Hall, 765 F.3d 53, 54 (1st Cir. 2014).

On the evening of February 23, 2004, Lawrence Hall, a detective with the Everett police department, was near Beecham Street, an area in Everett known for prostitution activity. Detective Hall witnessed two young women walking down the road, smiling and waving at passing vehicles. He later saw the two young women enter the back seat of a gray Saab convertible that was parked in a nearby lot.

Detective Hall returned to the Beecham Street area the following night, and again observed one of the two young women -- who has been referred to as " Harriet" -- smiling and waving at passing vehicles. Detective Hall saw Harriet get into a large delivery truck. Another Everett police detective, Richard Connor, observed Harriet perform oral sex on the truck's driver while the truck was parked across the Everett town line in Chelsea.

After Harriet left the truck, she talked briefly on a walkie-talkie. A white sedan then arrived, which she entered. Harriet left the white sedan approximately ten minutes later. She then walked over to the same gray Saab convertible from the previous night, ...


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