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ROSE v. LANE

No. 87-2494.

910 F.2d 400 (1990)

James ROSE, Petitioner-Appellant, v. Michael P. LANE, et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1990.

Attorney(s) appearing for the Case

Thomas A. Roberts, Mark E. Wilson, Sidley & Austin, Chicago, Ill., for petitioner-appellant.

Nathan P. Maddox, Douglas K. Smith, Asst. Atty. Gen., Office of the Atty. Gen., Criminal Appeals Div., Springfield, Ill., for respondents-appellees.

Before CUDAHY, FLAUM and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

James Rose appeals the district court's denial of his petition for habeas corpus. He claims that he was denied due process of law when the trial court gave a jury instruction on the burden of proof that was in violation of state law. For the reasons stated below, we reverse the district court and grant the writ of habeas corpus.

I.

The facts in this case are undisputed. On March 16...

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