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THOMPSON v. DIXON

No. 92-6779.

987 F.2d 1038 (1993)

Mark Edward THOMPSON, Petitioner-Appellant, v. Gary T. DIXON, Warden, Central Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1993.

Attorney(s) appearing for the Case

Richard Brooks Glazier, Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A., Fayetteville, NC, for petitioner-appellant.

Clarence Joe DelForge, III, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, argued (Lacy H. Thornburg, Atty. Gen., on brief), for respondent-appellee.

Before WILKINSON and NIEMEYER, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

MORGAN, District Judge:

Petitioner Mark Edward Thompson appeals the dismissal of his petition for a writ of habeas corpus in which he challenged a jury instruction given at his capital murder trial. The Petitioner claims the state trial court violated his due process rights under the Fourteenth Amendment when it instructed the jury that a person is presumed to be sane unless he or she proves otherwise. The district court granted the state of North...

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