Dendalee McBee v. Joseph Abramajtys

RYAN, Circuit Judge.

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, 99 S.Ct. 2450, 61 L.Ed.2d 39 (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,…