Ralph E. Rogers v. Norman Carver, Etc.

TIMBERS, Circuit Judge:

Ralph E. Rogers (“appellant”), a state prisoner serving a life term for first degree murder, appeals from a judgment entered December 9, 1986 in the District of Massachusetts, 674 F.Supp. 365, Walter J. Skinner, District Judge, dismissing his petition for a writ of habeas corpus on procedural grounds and on the merits. In his habeas petition, appellant challenges the jury instructions leading to his conviction.

On appeal, appellant claims (1) that the jury instructions undermined the reasonable doubt standard and impermissibly shifted the burden of proof to him; (2) that…