WILLIAMS v. ENGLE

No. 81-3564.

683 F.2d 152 (1982)

William H. WILLIAMS, Petitioner-Appellant, v. Ted ENGLE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1982.


Attorney(s) appearing for the Case

Paul Mancino, Jr., P. A., Cleveland, Ohio, for petitioner-appellant.

J. Anthony Logan and Rita S. Eppler, Asst. Attys. Gen., Columbus, Ohio, for respondent-appellee.

Before EDWARDS, Chief Judge, ENGEL, Circuit Judge, and CECIL, Senior Circuit Judge.


PER CURIAM.

Williams appeals the district court's denial of his second petition for a writ of habeas corpus, claiming that the issuance of a conditional writ is required because in his 1970 murder trial the Ohio trial judge instructed the jury that "a person capable of reasoning is presumed to intend the natural and probable consequences of his voluntary acts."

This precise language was later, in Sandstrom v. Montana, 442 U.S. 510

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