George Dunckhurst v. George Deeds the Attorney General of the State of Nevada

Dunckhurst, a Nevada state prisoner, appeals the district court’s denial of his petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254 (1982). Dunckhurst was convicted in state court of first degree murder and sentenced to two consecutive terms of life imprisonment. He contends that the trial court erred by (1) denying his requested jury instructions explicitly stating the State’s burden of proof to show the admitted homicide was not committed in the heat of passion, and (2) giving instructions which precluded jury consideration of voluntary manslaughter until it had first ruled out first and second degree murder. We affirm.

I.

Dunckhurst became romantically involved with Lynn Schwartz in 1981, and they were engaged one year later. The relationship was turbulent. They frequently separated and reconciled until January, 1983, when they renewed their relationship for the last time. During the time when Dunckhurst and Schwartz were not dating, Schwartz dated Tom Jones. Schwartz told Dunckhurst that Jones was her good friend. Dunckhurst was not aware that Schwartz was sleeping with Jones.

Late one Friday night Schwartz invited Dunckhurst to her condominium, where…