ISAAC v. ENGLE

No. 78-3488.

646 F.2d 1129 (1980)

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

United States Court of Appeals, Sixth Circuit.

Decided December 12, 1980.

As Modified December 16, 1980.


Attorney(s) appearing for the Case

Jay McKirahan, James R. Kingsley, Circleville, Ohio, for petitioner-appellant.

Lincoln Isaac, pro se.

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

Gary W. Crim, Atty. for Ohio Prosecuting Atty's Assn., Dayton, Ohio, amicus curiae.

Richard L. Aynes, School of Law, The University of Akron, Akron, Ohio, for amicus curiae/Ohio Public Defender Association and Appellate Review Office.

Before EDWARDS, Chief Judge, and WEICK, LIVELY, ENGEL, KEITH, MERRITT, BROWN, KENNEDY, MARTIN and JONES, Circuit Judges, sitting En Banc.


BAILEY BROWN, Circuit Judge.

In this appeal, we are confronted with the difficult task of determining the federal constitutional consequence, if any, of two decisions by the Supreme Court of Ohio. One of these decisions for the first time construed an Ohio statute to place the burden on the state in criminal cases of proving the absence of affirmative defenses, and the other decision held that only those defendants who had objected at the trial to jury instructions...

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