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HOOPER v. PERINI

No. 79-3167.

641 F.2d 445 (1981)

Walter HOOPER, Petitioner-Appellant, v. E. P. PERINI, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1981.

Rehearing Denied April 1, 1981.

Attorney(s) appearing for the Case

Walter Hooper, pro se.

Paul Mancino, Jr., Cleveland, Ohio [Court-Appointed CJA], for petitioner-appellant.

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

Before EDWARDS, Chief Judge, and CECIL and CELEBREZZE, Senior Circuit Judges.

EDWARDS, Chief Judge.

This is an appeal from the judgment of a district court in the Northern District of Ohio which denied petitioner Hooper's application for habeas corpus relief under 28 U.S.C. § 2254. Petitioner's claim1 is that the state trial judge, in the course of his charge to the jury, committed constitutional error by placing on the defendant the burden of proving by a preponderance of the evidence the defense of self-defense...

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