Peter Allen Jacoby v. Samuel A. Lewis, Director, Adoc Grant Woods, Az. Atty. Gen.

8 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Peter Allen JACOBY, Petitioner-Appellant, v. Samuel A. LEWIS, Director, ADOC; Grant Woods, Az. Atty. Gen., Respondents-Appellees. No. 92-16583. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 31, 1993. Decided Sept. 30, 1993. Before: CHOY, D.W. NELSON, and NORRIS, Circuit Judges. 1 MEMORANDUM * 2 Peter Allen Jacoby, an Arizona State prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his convictions for theft and trafficking in stolen property. Jacoby contends that a jury instruction given by the state trial court constituted an unconstitutional mandatory presumption which impermissibly shifted the burden of proof to the accused. We reverse and remand for further proceedings. PROCEDURAL DEFAULT 3 The respondents contend that Jacoby's claim is procedurally barred by his failure to object to the jury instruction at trial. We disagree. 4 A…