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Before Lynch, Chief Judge, Gajarsa *fn1 and Lipez, Circuit Judges.

Luis Zuluaga appeals from the district court’s denial of his petition for habeas corpus relief under 28 U.S.C. § 2254, alleging his rights under Brady v. Maryland, 373 U.S. 83 (1963), were violated in the state criminal proceedings. Zuluaga v. Spencer, No. Civ. A. 05-CV-11856 (D. Mass. Jan. 31, 2008). His state conviction in October 1994 was on the charge of trafficking in over two hundred grams of cocaine; his two later motions for new trial were denied.

The petitioner’s theory is that the prosecutors violated Brady by not disclosing before his 1994 trial that a certain State Trooper had been found by a superior court judge in 1981 to have testified falsely before a grand jury in 1980 in an unrelated matter. Zuluaga says the state trial court erred in rejecting his second motion for new trial and that the state appeals court erroneously affirmed, on the grounds that he was not prejudiced. The state courts held this information about the Trooper was inadmissible on two separate grounds and that Zuluaga thus could not show prejudice because the evidence could not have affected the outcome of his case.

 
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