WILLIS v. AIKEN

No. 92-1098.

8 F.3d 556 (1993)

David A. WILLIS, Petitioner-Appellant, v. James E. AIKEN, Commissioner, Indiana Department of Corrections, Porter Superior Court and Linley E. Pearson, Attorney General of Indiana, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 1993.


Attorney(s) appearing for the Case

James M. Shellow (argued), Dean A. Strang, Shellow, Shellow & Glynn, Anne W. Reed, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Milwaukee, WI, for petitioner-appellant.

Ronald J. Semler, Asst. Atty. Gen., Office of the Atty. Gen., Federal Litigation, Indianapolis, IN (argued), for respondents-appellees.

William A. Pangman, Pangman & Associates, Waukesha, WI, for amicus curiae.

Before RIPPLE and KANNE, Circuit Judges, and LEINENWEBER, District Judge.


RIPPLE, Circuit Judge.

The petitioner, David Willis, seeks federal habeas relief from a conviction entered by an Indiana state court. Mr. Willis submits that his right to due process of law guaranteed by the Fourteenth Amendment has been violated because the state trial court gave an Indiana pattern jury instruction that states, in part, that "the jury is both the judge of the law and of the facts." The district court dismissed the petition on procedural grounds before...

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