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BAKER v. LEAPLEY

No. 91-1078.

965 F.2d 657 (1992)

William J. BAKER, Appellant, v. Walter LEAPLEY, Warden, South Dakota State Penitentiary; Roger Tellinghuisen, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1992.

Attorney(s) appearing for the Case

John A. Schlimgen, Sioux Falls, S.D., argued, for appellant.

Craig M. Eichstadt, Pierre, S.D., argued (Mark Barnett, on the brief), for appellees.

Before McMILLIAN, WOLLMAN and LOKEN, Circuit Judges.

PER CURIAM.

William J. Baker appeals from the final judgment entered in the District Court1 for the District of South Dakota dismissing with prejudice his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. For reversal Baker argues the district court erred in holding that a jury instruction did not impermissibly shift to him the burden of proving insanity by clear and convincing evidence. For the reasons discussed...

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