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WILSON v. TARD

Civ. A. No. 84-672.

593 F.Supp. 1091 (1984)

Christopher WILSON, Petitioner, v. Elijah TARD, Jr., Superintendent, et al., Respondents.

United States District Court, D. New Jersey.

September 14, 1984.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender by John Burke, Asst. Deputy Public Defender, Appellate Section, East Orange, N.J., for petitioner.

Irwin I. Kimmelman, Atty. Gen., State of N.J. by Arlene R. Weiss, Deputy Atty. Gen., Div. of Crim. Justice, Appellate Section, Trenton, N.J., for respondents.

OPINION

STERN, District Judge.

Christopher Wilson petitions for issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that the jury instructions given in his manslaughter trial prejudiced his constitutional right to be presumed innocent until the state had proven every element of the crime with which he was charged beyond a reasonable doubt. We will issue the writ: the trial court's jury instructions allocated to petitioner the...

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