Baer
Baer v. Terhune
Opinion
Lead Opinion
MEMORANDUM **
I.
Stanley Baer killed his wife Lori on October 21, 1995; the primary issue at trial was his mental state at the time and consequent criminal liability. 1 Baer testified that he had taken nine or ten Vieodin pills through the course of the night and morning before the homicide, and contended that he was under the influence of the Vieodin when he crushed his wife’s neck with a “sleeper hold.” The jury verdict, second-degree murder, was affirmed on direct appeal and in state post-conviction proceedings. Baer now appeals the federal district court’s denial of his habeas corpus petition, alleging that he is entitled to relief on two grounds. First, Baer claims that he was deprived of due process by the trial court’s failure to give instructions on involuntary intoxication and on involuntary manslaughter due to unconsciousness as a result of involuntary intoxication. Second, Baer claims that his trial counsel, Randolph Wright, was constitutionally ineffective for failing to ensure that these instructions were given. The Anti-Terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254 , et al. is applicable to Baer’s petition.