GODFREY v. KEMP

No. 85-8570.

836 F.2d 1557 (1988)

Robert Franklin GODFREY, Petitioner-Appellee, Cross-Appellant, v. Ralph KEMP, Warden, Georgia Diagnostic & Classification Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 1, 1988.


Attorney(s) appearing for the Case

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant, cross-appellee.

Ellen Kreitzberg and Gerald I. Fisher, Washington, D.C., for petitioner-appellee, cross-appellant.

Before HATCHETT and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied March 1, 1988.

GODBOLD, Senior Circuit Judge:

Godfrey, a Georgia prisoner under death sentence, filed a federal habeas corpus petition in the Northern District of Georgia alleging 19 grounds for relief. The district court granted the writ on three grounds. The court held that (1) Godfrey's conviction was unconstitutionally obtained because a jury instruction shifted to him the burden of proof on the issue of intent; ...

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