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McINERNEY v. BERMAN

No. 79-1371.

621 F.2d 20 (1980)

Thomas F. McINERNEY, Petitioner, v. Louis BERMAN and Francis X. Bellotti, Respondents.

United States Court of Appeals, First Circuit.

Decided May 8, 1980.

Attorney(s) appearing for the Case

Stephen L. Saltonstall, Boston, Mass., with whom Norman S. Zalkind, Boston, Mass., was on brief, for petitioner.

Roberta Thomas Brown, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for respondents.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This is an appeal from the denial of a habeas corpus petition brought by Thomas McInerney, a Massachusetts state prisoner serving a life sentence for second degree murder.1 Petitioner claims that the trial judge's instructions to the jury impermissibly shifted the burden of proof to him, violating his right to due process. We find no denial of due process and affirm the judgment of the district court,

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