James Lee Lampkins v. John R. Gagnon, Warden, and Bronson C. Lafollette, Attorney General of the State of Wisconsin

SWYGERT, Senior Circuit Judge.

James Lee Lampkins appeals from the district court’s denial of his petition for habeas corpus. First, he seeks to distinguish our holding in Pigee v. Israel, 670 F.2d 690 (7th Cir.1982), cert. denied, ___ U.S. ___, 103 S.Ct. 103, 74 L.Ed.2d 93 (1982), which held that Wisconsin’s standard presumptive intent instruction did not violate Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). Second, Lampkins argues that Wisconsin’s standard party-to-a-crime instruction violates his right to a unanimous jury verdict.

The opinion of the Wisconsin…