Tyrone Jenkins v. Ronald Hutchinson, Warden of Maryland House of Correction Attorney General for the State of Maryland

OPINION

WILKINS, Circuit Judge:

Tyrone Jenkins filed this petition for habeas corpus relief from his Maryland convictions for robbery with a deadly weapon, assault with intent to murder, and related weapons offenses. See 28 U.S.C.A. § 2254 (West 1994). 1 The district court, having found that advisory instructions given at Jenkins’ trial violated his right to due process, granted the writ, and the State 2 appeals. Because we conclude that there is no bar to our consideration of the merits of Jenkins’ claim and that the jury instructions were unconstitutional, we affirm.

I

Jenkins was convicted by…