James Rose v. Michael P. Lane

FLAUM, Circuit Judge.

James Rose appeals the district court’s denial of his petition for habeas corpus. He claims that he was denied due process of law when the trial court gave a jury instruction on the burden of proof that was in violation of state law. For the reasons stated below, we reverse the district court and grant the writ of habeas corpus.

I

The facts in this case are undisputed. On March 16, 1983, Rose shot and killed Tommy Mays. That morning Rose and Mays argued for some time and Mays made threatening statements to Rose. Their paths crossed that afternoon when Rose pulled his car…