1. Home
  2. Browse Decisions
  3. F.2d
  4. 873 F.2d
  5. 873 F.2d 1558 (1989)
 

SMART v. LEEKE

No. 87-7737.

873 F.2d 1558 (1989)

Ronald Francis SMART, Petitioner-Appellee, v. William D. LEEKE, Commissioner, South Carolina Department of Corrections; Attorney General of South Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1989.

Attorney(s) appearing for the Case

Donald John Zelenka, Chief Deputy Atty. Gen., Columbia, S.C., for respondents-appellants.

David Isaac Bruck, Columbia, S.C., (Bruck & Blume, on brief), for petitioner-appellee.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON and WILKINS, Circuit Judges.

WILKINS, Circuit Judge:

The State of South Carolina appeals from the issuance of a writ of habeas corpus, 28 U.S.C.A. § 2254 (West 1977), for convicted murderer Ronald Francis Smart on the ground that a jury instruction on self-defense impermissibly shifted the burden of proof. A panel of this court originally affirmed the issuance of the writ. Smart v. Leeke, 856 F.2d 609 (4th Cir.1988). A majority of the court voted...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases