GUNN v. NEWSOME

No. 87-8287.

881 F.2d 949 (1989)

Calvin GUNN, Petitioner-Appellee, v. Lanson NEWSOME, Warden, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 7, 1989.


Attorney(s) appearing for the Case

William B. Hill, Jr., Asst. Atty. Gen., Susan V. Boleyn, Atlanta, Ga., for respondent-appellant.

Steven F. Hauser, The Coca-Cola Co., Atlanta, Ga. (court appointed), for petitioner-appellee.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

While serving a Georgia life sentence for malice murder, Calvin Gunn petitioned the district court pro se for a writ of habeas corpus under 28 U.S.C. § 2254. Gunn's sole basis for relief was that the trial court's jury instruction on the issue of intent had unconstitutionally shifted the state's burden of proof on that issue to Gunn. It was Gunn's second federal habeas petition, and he had not raised this issue in his first petition,...

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