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VAUGHN v. BRITTON

No. 83-7229.

740 F.2d 833 (1984)

Listle VAUGHN, Petitioner-Appellant, v. Robert BRITTON, Prison Commissioner for the State of Alabama; Circuit Court of Pike County, Alabama; Judge Terry Butts; and the Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 28, 1984.

Attorney(s) appearing for the Case

David G. Flack (Court-appointed), Montgomery, Ala., for petitioner-appellant.

Helen P. Nelson, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before GODBOLD, Chief Judge, JOHNSON and CLARK, Circuit Judges.

GODBOLD, Chief Judge:

This case concerns the claim of a habeas petitioner that the Allen charge, see Allen v. U.S., 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896), given to the jury at his trial for murder resulted in a coerced verdict of guilty and hence a mandatory life sentence. Because of a procedural default not excused by the required showing of cause and prejudice, we are barred from considering the merits of petitioner...

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