Melvin Chad Mahorney v. Ted Wallman

Petitioner appeals from a district court order denying his 28 U.S.C. § 2254 petition challenging a 1980 Oklahoma conviction of first degree rape after former conviction of two felonies (arson and feloniously pointing a weapon). See Okla.Stat. tit. 21, § 1114 (1971) and tit. 21, § 51 (Supp.1978). We *471consider here1 only that issue upon which this court previously granted petitioner a certificate of probable cause, i.e., whether the prosecution’s comments on the presumption of innocence during the course of petitioner’s trial mandate habeas relief. See 28 U.S.C. § 2253.

The comments in question…