Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Torruella and Lipez, Circuit Judges, and Smith, *fn1 District Judge.

TORRUELLA, Circuit Judge. After a jury trial in the Massachusetts Superior Court, Scott D. Kirwan was convicted of first-degree murder and sentenced to life in prison for killing Steven Meagher. Kirwan appealed, and the Massachusetts Supreme Judicial Court (“SJC”) affirmed his conviction. See Commonwealth v. Kirwan, 860 N.E.2d 931, 943 (Mass. 2007).

Kirwan filed a petition for a writ of habeas corpus in the federal district court, which the court denied, adopting without further explanation the magistrate judge’s report and recommendation. See Kirwan v. Spencer, No. 08-10651, slip op. at 68 (D. Mass. Aug. 25, 2009). Kirwan then applied for a certificate of appealability (“COA”) as to the denial of the writ. The district court granted the COA as to two of the grounds in Kirwan’s petition. Thus, the following issues are on appeal: (1) whether certain remarks by the prosecutor during closing argument deprived Kirwan of his rights to a fair trial and due process, and (2) whether trial counsel’s failure to object to, and seek curative instructions following, the prosecutor’s allegedly improper remarks deprived Kirwan of his right to effective assistance of counsel.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.

Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Personal Injury Attorney

Monge & Associates is recognized as a Top Places to Work and One of the Most Influential Law Firms in America. We offer flexible remote ...

Apply Now ›

Litigation Associate

A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...

Apply Now ›


Casualty Defense/Subrogation - commercial lines. Experienced. Flexible with remote working. Great hands-on complex litigation opportunity, g...

Apply Now ›



DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.

View Announcement ›



Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.

View Announcement ›



Marshall Dennehey Warner Coleman & Goggin mourns the loss of Robert J. Coleman, the last of its founding name partners.

View Announcement ›