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SKELTON v. WHITLEY

No. 90-3904.

950 F.2d 1037 (1992)

Kenneth David SKELTON, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 6, 1992.

Attorney(s) appearing for the Case

Henry D. Gabriel, Loyola Law School, New Orleans, La. (Court-appointed), for petitioner-appellant.

John Richard Walker, Sr., Terrebonne Parish, Dist. Attys. Office, Houma, La., for respondents-appellees.

Before CLARK, Chief Judge, JONES, Circuit Judge, and PARKER, District Judge.

EDITH H. JONES, Circuit Judge:

In this successive federal habeas corpus petition following his 1975 conviction for first-degree murder, appellant Kenneth David Skelton argues that the court's jury instructions called for a higher degree of doubt for acquittal than the reasonable doubt standard of In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 1072, 25 L.Ed.2d 368 (1970). If his conviction were on direct appeal, the Supreme...

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