BAKER v. MUNCY

No. 79-6468.

619 F.2d 327 (1980)

Leroy Huston BAKER, Appellant, v. R. M. MUNCY; Attorney General of Virginia, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1980.


Attorney(s) appearing for the Case

Michael E. Geltner, Georgetown University Law Center, Appellate Litigation Clinic, Washington, D.C., Thomas R. Lopez, Third Year Law Student, for appellant.

Robert E. Bradenham, II, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellee.

Before FIELD, Senior Circuit Judge, and HALL and SPROUSE, Circuit Judges.


K.K. HALL, Circuit Judge:

Petitioner Leroy Huston Baker appeals from the district court's denial of habeas corpus relief under 28 U.S.C. § 2254. He challenges his first degree murder conviction on the ground that certain jury instructions unconstitutionally relieved the State of its burden to prove beyond a reasonable doubt all elements of the offense charged. We reverse.

Baker shot and killed Aaron Johnson in a dispute over a dice game. He was tried...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases