Harrison Berrier v. Charles E. Egeler, Warden, State Prison of Southern Michigan at Jackson

EDWARDS, Circuit Judge.

This is a habeas corpus petition where a District Judge in the Eastern District of Michigan, Southern Division, granted petitioner the relief he sought. The facts show that petitioner killed his brother-in-law in his (the petitioner’s) home. He contended that he shot in self-defense. The trial judge, in a confused instruction, told the jury that the defendant had the burden of *516proof as to self-defense and that he had a duty to retreat, if possible, in his own home.

Appellant was convicted of first degree murder by the jury and sentenced to life imprisonment. The Michigan…