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WESTON v. IEYOUB

No. 94-30696.

69 F.3d 73 (1995)

Revert WESTON, Petitioner-Appellant, v. Richard P. IEYOUB, Attorney General, State of Louisiana and Burl Cain, Warden, Louisiana State Penitentiary, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

November 22, 1995.

Attorney(s) appearing for the Case

Revert Weston, Angola, LA, pro se.

Mark D. Pethke, Asst. Dist. Atty., Harry Connick, Dist. Atty., New Orleans, LA, for appellees.

Before GARWOOD, DUHÉ and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

I. INTRODUCTION

Revert Weston ("Weston") was convicted of murder and aggravated rape in a jury trial conducted in May 1976. His convictions and sentences were affirmed on direct appeal. Weston applied for post-conviction relief in 1991 in the state trial court, alleging that the trial court's jury instruction on reasonable doubt violated his due process rights by improperly reducing the State's burden of proof. He later amended...

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