Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South Carolina

WILKINS, Circuit Judge:

The State of South Carolina appeals from the issuance of a writ of habeas corpus, 28 U.S.C.A. § 2254 (West 1977), for convicted murderer Ronald Francis Smart on the ground that a jury instruction on self-defense impermissibly shifted the burden of proof. A panel of this court originally affirmed the issuance of the writ. Smart v. Leeke, 856 F.2d 609 (4th Cir.1988). A majority of the court voted for rehearing en banc, thereby vacating the panel opinion. 4th Cir.R. 35(c). We now reverse and remand for further proceedings.

I

Smart was tried in South Carolina state court in…