The court has considered the motion of petitioner Thomas Nevius for leave to file a second petition for habeas corpus pursuant to 28 U.S.C. § 2244(b)(2), as amended by the Antiterrorism and Effective Death Penalty Act of 1996. The court has also considered the opposition thereto filed by the respondent, and has heard oral argument on the motion.
Petitioner Nevius, having made a prima facia showing that the reasonable doubt instruction rendered in this trial is...
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