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CHERRY v. JAGO

No. 80-3110.

722 F.2d 1296 (1983)

James CHERRY, Petitioner-Appellant, v. Arnold JAGO, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 8, 1983.

Attorney(s) appearing for the Case

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

Simon B. Karas, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before MERRITT and JONES, Circuit Judges, and BROWN, Senior District Judge.

MERRITT, Circuit Judge.

Petitioner, James Cherry, appeals the denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. He seeks collateral review of his Ohio jury conviction for murder in his petition which alleges, inter alia, that he was denied due process because the confusing jury instructions impermissibly placed upon him the burden of proving self-defense beyond a reasonable doubt. We find the jury instructions, though somewhat confusing...

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