Jenkins v. Smith

OPINION

BLACK, Senior District Judge.

Presently pending before the Court is a Rule 59(e) Motion to Alter or Amend Judgment filed on behalf of Respondents, William L. Smith and the Attorney General of the State of Maryland, on February 19, 1999. On February 9, 1999, this Court issued an Opinion and Order granting the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 of Tyrone Jenkins, acting pro se. Jenkins v. Smith, 38 F.Supp.2d 417 (D.Md.1999). The Court held that the trial court’s instructions deprived Jenkins of his due process rights by explaining to the jury that instructions…