ABBOTT v. CUNNINGHAM

No. 91-1760.

959 F.2d 1 (1992)

George ABBOTT, Petitioner, Appellant, v. Michael CUNNINGHAM, Warden, New Hampshire State Prison, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 18, 1992.


Attorney(s) appearing for the Case

Paul Twomey with whom Twomey & Sisti Law Offices, Concord, N.H., was on brief, for petitioner, appellant.

Mark S. Zuckerman, Asst. Atty. Gen., with whom Mark E. Howard, Asst. Atty. Gen., and John P. Arnold, Atty. Gen., Concord, N.H., were on brief, for respondent, appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.


BAILEY ALDRICH, Senior Circuit Judge.

This is an appeal from the denial of a writ of habeas corpus sought by George Abbott who stands presently convicted of second-degree murder, an act which he conceded, but sought to avoid on the ground of insanity. Under the law of New Hampshire the burden of proving insanity, by a fair preponderance of the evidence, is on the petitioner. Cf. Leland v. Oregon, 343 U.S. 790, 72 S.Ct. 1002,...

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