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MERLO v. BOLDEN

No. 86-1118.

801 F.2d 252 (1986)

John MERLO, Petitioner-Appellee, v. Dan L. BOLDEN, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 18, 1986.

Attorney(s) appearing for the Case

Richard H. Browne, Asst. Pros. Atty., Pontiac, Mich., Margaret G. Horenstein (argued), for respondent-appellant.

Frank Lawrence (argued), Livonia, Mich., for petitioner-appellee.

Before KEITH and MERRITT, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

The Oakland County Prosecutor appeals from an order of the district court granting petitioner John Merlo's petition for a writ of habeas corpus. The district court found that Merlo's conviction for murdering his wife was obtained through a jury instruction which impermissibly shifted the burden of proof on the element of mens rea in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct...

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