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KOONCE v. PEPE

No. 96-1458.

99 F.3d 469 (1996)

Thomas KOONCE, Plaintiff-Appellant, v. Peter A. PEPE, Superintendent, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided November 6, 1996.

Attorney(s) appearing for the Case

Stephen Hrones, Boston, MA, with whom Michael A. Goldsmith and Hrones & Garrity were on brief, for appellant.

Ellyn H. Lazar, Assistant Attorney General, Criminal Bureau, Boston, MA, with whom Scott Harshbarger, Attorney General, was on brief, for appellee.

Before TORRUELLA, Chief Judge, and CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

TORRUELLA, Chief Judge.

Plaintiff-appellant Thomas Koonce ("Koonce") filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254. The sole issue before us is whether the jury instructions in Koonce's state court murder trial violated his due process rights by impermissibly shifting the burden of proof. Like the district court before us, we find that the jury instructions did not violate Koonce's due process rights under the Fourteenth Amendment, and...

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