OPINION
POLOZOLA, District Judge.
This matter is before the court on an application for a writ of habeas corpus filed by Jesse Bell. The magistrate has recommended that the application for writ of habeas corpus be denied. The court agrees with the magistrate that the petitioner's application for a writ of habeas corpus should be denied. However, the court wishes to set forth its understanding of the applicable law insofar as to the issue of who has the burden...
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