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SMART v. LEEKE

Civ. A. No. 3:85-0225-15B.

677 F.Supp. 414 (1987)

Ronald Francis SMART, Petitioner, v. William D. LEEKE, and The Attorney General of South Carolina, Respondents.

United States District Court, D. South Carolina, Columbia Division.

September 30, 1987.

Attorney(s) appearing for the Case

David I. Bruck, Bruck & Blume, Columbia, S.C., for petitioner.

Donald J. Zelenka, Columbia, S.C., for respondents.

HAMILTON, District Judge.

Petitioner, a state prisoner confined by the South Carolina Department of Corrections, has filed the present action seeking habeas corpus relief pursuant to 28 U.S.C. § 2254.1 Petitioner complains that the trial court's instructions to the jury2 on the issue of self-defense violated the Fourteenth Amendment by impermissibly shifting to him the burden of disproving the element...

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