Curtis Lee Johnson v. James Spalding, Dr. Robert Jones, the Attorney General of the State of Washington

Appellant, a Washington state prisoner, convicted of first degree murder, sought habeas corpus relief under 28 U.S.C. § 2254 . In an exceptionally well written and exhaustive order, the district court denied the petition. Johnson v. Spalding, 510 F.Supp. 164 (ED Wash.1981).

Here, as in the district court, the appellant challenges the validity of the state court conviction on the following grounds:

(1) that the alibi instruction shifted to him the state’s burden of persuasion;

(2) that the instruction on reasonable doubt overstated the uncertainty required for a reasonable doubt;

(3) that an adverse missing witness inference argued by the prosecution prevented him from having a fair trial;

(4) that the admission of prior trial testimony of an unavailable state’s witness violated his right to confrontation;

(5) that a limitation upon the scope of impeachment testimony violated his right to confrontation and cross-examination;

(6) that the admission of portions of a letter to show appellant’s hostility to the prosecutor biased the jury against him, and (7) that his right to effective assistance of counsel was denied.

Additionally, appellant claims that the district court…