Austin v. Israel

DECISION and ORDER

MYRON L. GORDON, District Judge.

Bobby Earl Austin has filed a petition for a writ of habeas corpus in which he attacks his state convictions for first degree murder, attempted murder and armed robbery. Relying on Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979), Mr. Austin contends that these convictions are unconstitutional because the trial court improperly instructed the jury on the element of intent by stating that the law presumes that one intends the natural consequences of his deliberate acts.

The respondent argues that Mr. Austin may not…