HOWZE v. MARSHALL

No. 82-3326.

716 F.2d 396 (1983)

Daniel Lewis HOWZE, Petitioner-Appellant, v. Ronald C. MARSHALL, Supt., Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 9, 1983.

Certiorari Denied January 23, 1984.


Attorney(s) appearing for the Case

J. Dean Carro, Appellate Review Office School of Law, Akron, Ohio, for petitioner-appellant.

Dain N. Deveny, Richard Drake (argued), Asst. Attys. Gen., Columbus, Ohio, for respondent-appellee.

Before MARTIN and JONES, Circuit Judges, and BROWN, Senior Circuit Judge.


Certiorari Denied January 23, 1984. See 104 S.Ct. 1015.

BAILEY BROWN, Senior Circuit Judge.

This appeal from the district court's denial of Howze's petition for a writ of habeas corpus requires us to determine whether Howze was denied federal due process when, pursuant to Ohio law, the burden was placed upon him at trial to prove by a preponderance of the evidence that he was insane when he committed the robberies which led to his conviction. The district...

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