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MEDINA v. MATESANZ

No. 01-2585.

298 F.3d 98 (2002)

Roberto MEDINA, Petitioner, Appellant, v. James MATESANZ; Thomas F. Reilly, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided August 7, 2002.

Attorney(s) appearing for the Case

Jeffrey L. Baler on brief for appellant.

Dean A. Mazzone, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellees.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior Circuit Judge.

Roberto Medina appeals the district court's denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254(d)(1). He contends that the state trial court's malice instruction created a mandatory rebuttable presumption shifting the burden to him in violation of due process under the Fifth and Fourteenth Amendments.1 We hold that although the instruction was constitutional error,...

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