[DOWNLOAD] "Mcbee v. Abramajtys" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Mcbee v. Abramajtys
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 04, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Dendalee McBee appeals the denial of his third petition for a writ of habeas corpus. As in his two previous petitions, McBee contends that the jury instructions unconstitutionally shifted the burden of proof on the issues of malice and intent in violation of Sandstrom v. Montana, 442 U.S. 510, 61 L. Ed. 2d 39, 99 S. Ct. 2450 (1979). We affirmed the denial of the previous petitions on the basis that absent cause and prejudice, we would not reach the merits of a constitutional claim where the state court affirmed a conviction on procedural grounds. In his most recent petition, McBee relies upon the rule, first announced in Harris v. Reed, 489 U.S. 255, 103 L. Ed. 2d 308, 109 S. Ct. 1038 (1989), that a procedural default does not bar consideration of the merits of a federal claim on habeas review unless the last state court rendering a judgment in the case "clearly and expressly" rested its judgment upon a procedural ground. In granting a certificate of probable cause, we requested that the parties address the issue of whether we should apply Harris v. Reed here, given that we upheld the denial of McBees previous petitions alleging the same constitutional violation.