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PHILLIPS v. ROSE

No. 82-5001.

690 F.2d 79 (1982)

Randy Gale PHILLIPS, Petitioner-Appellant, v. James ROSE, et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1982.

Rehearing and Rehearing Denied December 20, 1982.

Attorney(s) appearing for the Case

E. E. Edwards, III, Nashville, Tenn., for petitioner-appellant.

William M. Leech, Jr., Atty. Gen. of Tenn., John Zimmerman, Gordon Smith, Asst. Attys. Gen., Nashville, Tenn., for respondents-appellees.

Before EDWARDS, Chief Judge, and ENGEL and CONTIE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 20, 1982.

PER CURIAM.

Petitioner Randy Gale Phillips appeals from the dismissal of his petition for habeas corpus under 28 U.S.C. § 2254 by the United States District Court for the Middle District of Tennessee. Phillips claims in his petition that the state trial judge in the course of his charge to the jury shifted the burden of proving malice to the defendant, in violation of his due process rights as...

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