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MURPHY v. HOLLAND

No. 84-6526.

776 F.2d 470 (1985)

Kenneth E. MURPHY, Appellant, v. Manfred HOLLAND, Warden, WV Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 28, 1985.

Attorney(s) appearing for the Case

Blaise Supler, Third Year Law Student, Post-Conviction Assistance Project, University of Virginia School of Law (Stephen A. Saltzburg, Charlottesville, Va., on brief), for appellant.

J. Bradley Russell, Asst. Atty. Gen., Charleston, W.Va. (Charles Brown, Atty. Gen., Charleston, W.Va., on brief), for appellee.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

The petitioner, Kenneth E. Murphy, appeals from the district court's denial of his petition for a writ of habeas corpus. Murphy first argues that a jury instruction defining reasonable doubt given at his 1980 trial in the Circuit Court of Braxton County, West Virginia violated his right to due process by unconstitutionally lessening the State's burden of proving his guilt beyond a reasonable doubt. Murphy...

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