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HILL v. MALONEY

No. 90-1294.

927 F.2d 646 (1990)

Gerald M. HILL, Petitioner, Appellant, v. Michael MALONEY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 21, 1990.

Attorney(s) appearing for the Case

George F. Gormley with whom Gormley, Howard & Goodale, Boston, Mass., was on brief, for petitioner, appellant.

Judy G. Zeprun, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief, for respondent, appellee.

Before SELYA, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

Petitioner Gerald Hill, a Massachusetts state prisoner serving a life sentence for second-degree murder, claims that a jury instruction given at his trial relieved the government of the burden of proving malice — the crucial element in distinguishing between second-degree murder and manslaughter in Massachusetts — and thereby violated his due process rights. See Sandstrom v. Montana, 442 U.S. 510

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