United States of America, Ex Rel. Bessie I. Fleming v. Jane Huch, Warden, Dwight Correctional Center

BAUER, Chief Judge.

Bessie Fleming appeals the district court’s denial of her petition for habeas corpus relief. She claims, as did the petitioners in United States ex rel. Falconer v. Lane, 905 F.2d 1129 (7th Cir.1990), and United States ex rel. Rose v. Lane, 910 F.2d 400 (7th Cir.1990), that the murder and voluntary manslaughter instructions used at her trial denied her due process of law. As in Falconer and Rose, the writ of habeas corpus must be granted in this case, and, therefore, we reverse the district court.

I

On March 6, 1986, Bessie Fleming shot and killed her husband. The State…