In Bergman v. Burton, U.S. 102 S.Ct. 2026, 72 L.Ed.2d 478 (1982), the Court vacated the decision of the United States Court of Appeals for the Sixth Circuit which had reversed the district court's refusal to grant a writ of habeas corpus. In Burton, the petitioner had sought habeas relief on two grounds: (1) improper jury instructions and (2) ineffective assistance of counsel. The district court found no merit to the first claim and found the second claim unexhausted. The circuit court reversed on the merits of the first claim. The Supreme Court thereafter granted the State's petition for a writ of certiorari, vacated the judgment of the court of appeals and remanded for consideration in light of Rose v. Lundy, U.S. 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982).