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HALL v. KELSO

No. 88-8506.

892 F.2d 1541 (1990)

Jimmy Don HALL, Petitioner-Appellant, v. Ira KELSO, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended March 23, 1990.

Attorney(s) appearing for the Case

Joseph H. Gibson, Wunder, Ryan, Cannon & Thelen, Washington, D.C., for petitioner-appellant.

Mary Beth Westmoreland, State Law Dept., Atlanta, Ga., for respondent-appellee.

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Jimmy Don Hall is currently serving a life sentence for felony murder. At his trial, the judge instructed the jury that the "acts of a person of sound mind and discretion are presumed to be the product of the person's will." Taken in the context of the entire jury instructions, we find that a reasonable juror could have applied that presumption in deciding whether Hall had the requisite criminal intent, and thus violated his constitutional...

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