Cornell Rhodes v. Anthony J. Brigano

BOYCE F. MARTIN, Jr., Circuit Judge.

Cornell Rhodes appeals the district court’s denial of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254. In denying Rhodes’ petition, the district court held that the jury instructions given at his trial for murder did not unconstitutionally shift the burden of proof to Rhodes on the issue of whether the killing was the product of sudden passion or a sudden fit of rage. For the reasons set forth below, we AFFIRM.

On February 8, 1990, a jury found Rhodes guilty of murder under Ohio Rev. Code § 2903.02(A). The next day, Rhodes was sentenced…