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FRANKLIN v. FRANCIS

No. 83-8022.

720 F.2d 1206 (1983)

Raymond Lee FRANKLIN, Petitioner-Appellant, v. Robert FRANCIS, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied January 9, 1984.

Rehearing Denied January 30, 1984.

Attorney(s) appearing for the Case

Ronald J. Tabak, John Charles Boger, New York City, for petitioner.

Susan Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent.

Before TJOFLAT and HILL, Circuit Judges, and SIMPSON, Senior Circuit Judge.

Rehearing En Banc Denied January 30, 1984.

TJOFLAT, Circuit Judge:

Raymond Lee Franklin was convicted in the Superior Court of Bibb County, Georgia, for the murder of Claude Collie and the kidnapping of Carol Heitmuller. He was sentenced to death for murder and to twenty years imprisonment for kidnapping. In this habeas corpus review, we determine that the Superior Court's instructions to the jury shifted the burden of proof on the issue of intent to Franklin...

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