OWENS v. McLAUGHLIN

No. 12-12590.

733 F.3d 320 (2013)

Charles Edward OWENS, Petitioner-Appellant, v. Gregory McLAUGHLIN, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 24, 2013.


Attorney(s) appearing for the Case

Edward Henry Wasmuth, Jr. , Smith Gambrell & Russell, LLP, Atlanta, GA, for, Petitioner-Appellant.

Elizabeth Anne Harris , Paula Khristian Smith , Samuel Scott Olens , Attorney General's Office, Atlanta, GA, for Respondent-Appellee.

Before WILSON and MARTIN, Circuit Judges, and HUCK, District Judge.


WILSON, Circuit Judge:

Charles Edward Owens, a Georgia state prisoner sentenced to life in prison for malice murder, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. On appeal, Owens argues that (1) the state trial court's instructions to the jury on venue, an essential element of the crime charged, improperly shifted the burden of proof from the state to him in violation of the Due Process Clause of the Fourteenth Amendment and

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