The following excerpt is from Asberry v. Spearman, Case No. 1:17-cv-00150-LJO-JDP (HC) (E.D. Cal. 2019):
4. Ordinarily, an error in a jury instruction under state law does not support a cognizable claim on federal habeas review. See Estelle v. McGuire, 502 U.S. 62, 71 (1991) ("[T]he fact that [an] instruction was allegedly incorrect under state law is not a basis for habeas relief."). Reading the petition generously, however, we construe the petition to be raising a claim that the jury instructions violated petitioner's due process rights by relieving the government of its burden to prove every essential element of a crime.
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