Gibson v. Butterworth

MEMORANDUM AND ORDER

Skinner, D.J.

In this petition for a writ of habeas corpus, petitioner seeks to challenged the constitutionality of portions of the jury instructions used at his' trial. Respondents have filed a motion to dismiss and petitioner has moved for summary judgment. For the reasons which follow, respondents’ motion to dismiss is ALLOWED.

Petitioner was convicted of first degree murder on April 17, 1974, following a trial by jury in Norfolk Superior Court. During the trial, petitioner made no objection or exception to the instructions now challenged. Petitioner’s conviction was…