Nelson v. Maggio

ORDER AND REASONS

DUPLANTIER, District Judge.

In seeking habeas corpus relief in this court, petitioner urged six grounds upon which relief should be granted. We concluded that the record was sufficient for the purpose of adjudication of the first four grounds for relief and we dismissed the petition as to those four grounds without an evidentiary hearing. The remaining two grounds for habeas relief, which we now consider, are premised upon petitioner’s allegations that the following two errors occurred at his trial:

1) The trial judge charged the jury that “a man is presumed to intend the…