James Brown v. Ronald Marshall, Supt.

This is an appeal by petitioner James Brown from the denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254, by Judge John Manos. The instant review presents the issues of improper prosecutorial comment and double jeopardy which were addressed by the district court, and an additional basis for relief, a purportedly erroneous jury instruction, which Brown here attempts to present for the first time in any forum. We affirm the district court on both matters considered below and, distinguishing the situation sub judice from that of a “mixed” petition proscribed by Rose v. Lundy,…