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COLEMAN v. JONES

No. 88-7496.

909 F.2d 447 (1990)

Floyd COLEMAN, Petitioner-Appellant, v. Charlie JONES, Warden and The Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 17, 1990.

Attorney(s) appearing for the Case

John L. Segal, Mitchell, Silberberg & Knupp, Los Angeles, Ca., for petitioner-appellant.

Don Siegelman, Atty. Gen., P. David Bjurberg, Asst. Atty. Gen., PCR Section, Montgomery, Ala., for respondents-appellees.

Before CLARK, Circuit Judge, MORGAN and RONEY, Senior Circuit Judges.

RONEY, Senior Circuit Judge:

In 1983, Floyd Coleman was convicted and sentenced to life without parole for robbery-murder under § 13-11-2(a)(2), Code of Alabama 1975.1 The district court denied his second federal petition for writ of habeas corpus, which alleged that an instruction on malice improperly shifted the burden of proof to him, and ineffective assistance of counsel. We affirm.

Under § 13-11-2(a)(2), an accused...

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