Matthews v. Parker

I would affirm the district court’s judgment denying the petition for a writ of habeas corpus. Therefore, I dissent on Parts IV and V of the majority opinion. In all other respects, I concur in the conclusions of the majority opinion, except where it authorizes the issuance of a writ of habeas corpus. This concurrenee/dissent will only discuss those portions of the majority opinion with which I disagree, to wit, the sufficiency of the evidence and prosecutorial misconduct.

I. Shifting the Burden of Proof on EED

David Eugene Matthews asserts that he was denied due process of law under the…