ISAAC v. ENGLE

No. 78-3488.

646 F.2d 1122 (1980)

Lincoln ISAAC, Petitioner-Appellant, v. Ted ENGLE, Superintendent Chilicothe Correctional Institute, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 8, 1980.


Attorney(s) appearing for the Case

Jay F. McKirahan, Columbus, Ohio, Lincoln Isaac, pro se, James R. Kingsley, Circleville, Ohio, for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Simon B. Karas, Asst. Atty. Gen., (Div. of Criminal Activities) Columbus, Ohio, for respondent-appellee.

Before CELEBREZZE, Circuit Judge, and PHILLIPS and PECK, Senior Circuit Judges.


JOHN W. PECK, Senior Circuit Judge.

The principal issue in this appeal is whether the Due Process Clause limits the selective denial of retroactive benefits of a new statutory interpretation, where denial is based upon failure to comply with a State's contemporaneous objection rule.

In 1975, petitioner Lincoln Isaac was convicted by an Ohio jury of one count of aggravated assault. At his trial, appellant relied on Ohio's affirmative defense of self-defense...

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