Gaines v. Matesanz

MEMORANDUM AND ORDER ON THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

STEARNS, District Judge.

I agree with Magistrate Judge Dein’s analysis, and her ultimate conclusion that despite an obvious slip of the tongue, the reasonable doubt charge taken as a whole did not violate petitioner’s due process rights. 1 I also agree that petitioner’s remaining complaints about the judge’s charge are without constitutional merit. The Magistrate Judge identifies the constitutional test for a challenge based on the sufficiency of the evidence, and fully and accurately explains why petitioner is not…