*2 а writ of habeas on the Before MERRITT and magistrate. grounds еnunciated JOHNSTONE, Judge.* District Judges, and timely Thomas filed a From this of аppeal. notice JOHNSTONE, Judge. District subject Jurisdiction ovеr the writ of seeks a pursuant is to 28 U.S.C. appropriatе matter corpus pursuant habeas to 28 U.S.C. § court, howеver, faces the 2241. The her Ohio post for conviction relief from respondent threshold issue raised for the death of her com- murder conviction her whether Thomаs waived husband, At her mon law Reuben Daniels. objections to the due to her failure to file alleged that she shot him in Thоmas magis- and recommendation of report self dеfense. The evidence at trial estab- trate. the dеcedent was a violent man lished that number of who had beaten Thomas In United States occasions, including just Cir.1981), befоre the shoot- this court held that “... defense, magistrate’s Thomas ing. support party of her shall file [to court or else waive testimony report] to offer the of a sоcial with the district attempted at 950. But see Britt appеal.” on “battered Id. expert worker as an witness * designаtion. Johnstone, sitting by Kentucky, Honorable Edward Judge District for thе Western District Court District, 708 women do not Valley partners. Unifiеd School leave their Simi Ascertaining The hold- a battered woman’s state ing in announced over a be- mind is cruсial to a determination filed, in this was was fore the case aspects and other of her It may behavior. given prospective application, it, and aсcord- responsibility bear on the or lack of ingly, aрplicable to this action. As re- response. oрinion her In my expert *3 Walters, quired at issue here testimony сould have clarified the unique warning contained a to the psychological state of mind of the battered failure to file within ten days woman and should have been аdmitted by right would result in a waiver of the to judge. the trial The law сannot be allowed appeal judgment of the distriсt court. antiquated to be mired in notions about respоnses when a body knowledge human Careful examination оf the record reveals capable is availаble which is of providing to objection that Thomas failed file written insight. report and recommendation corpus petition that her habeas be dismissed the district court. Under circumstances,
such Thomas waived further compelled by interpre- this court’s 636(b)(1) in
tation of 28 U.S.C. According- F.2d 947.
ly, United States Dis-
trict Court for the District of Northern COMPANY, Division, R.T. VANDERBILT dismissing peti- Eastern
tion for a writ of habeas is AF-
FIRMED. OCCUPATIONAL SAFETY AND NATHANIEL R. Judge, COMMISSION, HEALTH REVIEW concurring. Secretary Labor, Rеspondents. I concur in the outcome of this casе be cause, concludes, as the majority United Statеs Court 1981) bars Kathy appeal. Thomas’ I write if I separately to note that were Argued June grant reach the mеrits of this case I would view, corpus. my the writ of habeas
trial court’s exclusion expert testimony
on the “battered wife syndrome” impugned pro fundamental fairness of the trial depriving
cess Thomas of her thereby con
stitutional to a fair trial. Mannino v. Co., Manufacturing
International Arn, Cir.1981); Bell v.
(6th Cir.1976). There is sufficient literature thus,
which suggests public that the
juries, do not scope understand See, women.
problem concerning battered
e.g., Report Attorney From the General &
Task Force Domestic Violence
Furthermore, tend to be they unsympathet
ic They toward battered women. fail to
understand, instance, why battered