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BELL v. PERINI

No. 79-3153.

635 F.2d 575 (1980)

Kenneth L. BELL, Petitioner-Appellant, v. E. P. PERINI, Superintendent, Marion Correctional Institute, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 12, 1980.

Attorney(s) appearing for the Case

Kenneth L. Bell, pro se.

Richard L. Aynes, Appellate Review Office, School of Law, University of Akron, Akron, Ohio, for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Crim. Activities Div., Simon B. Karas, Richard David Drake, Asst. Attys. Gen., Columbus, Ohio, for respondent-appellee.

Before MERRITT, BROWN and MARTIN, Circuit Judges.

BAILEY BROWN, Circuit Judge.

The petitioner, Kenneth L. Bell, appeals from the district court's denial of his petition for a writ of habeas corpus. Bell contends that the jury instructions given at his state criminal trial in Ohio shifted to him, in violation of due process, the burden of disproving an element of the offense for which he was indicted. More specifically, Bell contends that at his murder trial he was denied due process because the jury was instructed...

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