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JOHNSON v. SPALDING

No. C-80-479.

510 F.Supp. 164 (1981)

Curtis Lee JOHNSON, Petitioner, v. James SPALDING, Respondent.

United States District Court, E. D. Washington.

March 19, 1981.

Attorney(s) appearing for the Case

John A. Strait, Criminal Appellate Clinic, University of Puget Sound School of Law, Tacoma, Wash., for petitioner Curtis Lee Johnson.

Michael P. Lynch, Asst. Atty. Gen., Olympia, Wash., for respondent Superintendent.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

QUACKENBUSH, District Judge.

Petitioner seeks a writ of habeas corpus. He is confined as a result of a conviction for first degree murder. He challenges that confinement alleging: (1) an alibi instruction shifted the state's burden of persuasion onto him; (2) the reasonable doubt instruction overstated the uncertainty required for a reasonable doubt; (3) an adverse missing witness inference prejudiced a fair...

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