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McBEE v. ABRAMAJTYS

No. 90-1309.

929 F.2d 264 (1991)

Dendalee McBEE, Petitioner-Appellant, v. Joseph ABRAMAJTYS, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1991.

Attorney(s) appearing for the Case

Dendalee McBee, pro se.

John J. Cantarella (argued), Cantarella & Associates, Pontiac, Mich., for petitioner-appellant.

Kathleen Davison Hunter, Asst. Atty. Gen. (argued), Habeas Div., Lansing, Mich., for respondent-appellee.

Before RYAN and NORRIS, Circuit Judges, and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

Dendalee McBee appeals the denial of his third petition for a writ of habeas corpus. As in his two previous petitions, McBee contends that the jury instructions unconstitutionally shifted the burden of proof on the issues of malice and intent in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). We affirmed the denial of the previous petitions on the basis that absent cause...

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