Burbank v. Maloney

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. Introduction

Barry Burbank (“Burbank”) petitions this Court for habeas corpus relief pursuant to 28 U.S.C. § 2254. Burbank contends that his convictions for second degree murder and assault and battery with a dangerous weapon in the Massachusetts Superior Court sitting in and for the County of Hampden violated his state and federal constitutional rights. Specifically, he asserts that the use by the trial judge of the “moral certainty” definition of proof beyond a reasonable doubt violated his right to due process. He also asserts that he was deprived…