GROESBECK v. HOUSEWRIGHT

No. CV-R-85-185-ECR.

657 F.Supp. 798 (1987)

Robert James GROESBECK, Petitioner, v. Vernon G. HOUSEWRIGHT, Respondent.

United States District Court, D. Nevada.

March 17, 1987.


Attorney(s) appearing for the Case

N. Patrick Flanagan, III, Asst. Federal Public Defender, Reno, Nev., for petitioner.

Brian McKay, Atty. Gen., Carson City, Nev., for respondent.


ORDER

EDWARD C. REED, Jr., Chief Judge.

On July 10, 1986, this Court granted the petitioner's request for a federal writ of habeas corpus under 28 U.S.C. § 2254. The basis for the issuance of the writ was that the petitioner's conviction for murder in 1961 was achieved apparently as the result of an impermissible Sandstrom instruction. Because the law at that time indicated that a conviction based on such a burden shifting instruction was unconstitutional...

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