(Download) "Hoover V. Garfield Heights Municipal Court" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Hoover V. Garfield Heights Municipal Court
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 25, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

Petitioner Michael Hoover appeals from the judgment of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Hoover challenges his convictions under Ohio law of assault and resisting arrest on several grounds. He claims that: (1) the criminal proceedings against him were improperly instituted; (2) the trial court constitutionally erred by failing to instruct on an essential element of resisting arrest; (3) the trial court constitutionally erred in instructing the jury that Hoover could not resist either a lawful or unlawful arrest unless the police used excessive force; (4) the requirement that he bear the burden of proving his claim of self-defense by a preponderance of the evidence unconstitutionally shifted to him the burden of disproving an element of resisting arrest; and (5) the evidence presented at trial was insufficient to support either conviction. Because we find that the trial court's failure to instruct on an essential element of resisting arrest renders Hoover's conviction of that crime unconstitutional, we reverse in part the judgment of the district court and remand with instructions to issue a writ vacating Hoover's resisting arrest conviction.

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