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NIEB v. JAGO

No. 81-3257.

695 F.2d 228 (1982)

Ellis R. NIEB, Petitioner-Appellant, v. Arnold JAGO, Superintendent, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 16, 1982.

Rehearing and Rehearing Denied February 7, 1983.

Attorney(s) appearing for the Case

Richard L. Aynes, University of Akron, School of Law, Akron, Ohio, for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Richard David Drake, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before LIVELY and WELLFORD, Circuit Judges, and PRATT, District Judge.

Rehearing and Rehearing En Banc Denied February 7, 1983.

PER CURIAM.

Appellant appeals from the denial by the United States District Court for the Northern District of Ohio of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He seeks collateral review of his Ohio jury conviction of second degree murder, primarily on the grounds that the trial judge's jury instruction regarding self defense impermissibly shifted the burden of proof. After...

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