TENNON v. RICKETTS

No. 79-3305.

642 F.2d 161 (1981)

Hugh H. TENNON, III, Petitioner-Appellee, v. Dr. James RICKETTS, Warden, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied May 21, 1981.


Attorney(s) appearing for the Case

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

C. B. King, Albany, Ga., for petitioner-appellee.

Before GODBOLD, Chief Judge, and HATCHETT, Circuit Judge, and MARKEY, Chief Judge.


Rehearing and Rehearing En Banc Denied May 21, 1981.

HATCHETT, Circuit Judge:

In this case the State of Georgia appeals the grant of 28 U.S.C. § 2254 habeas relief to Hugh H. Tennon, III, convicted of murder and sentenced to life imprisonment. At issue is whether the Georgia trial court's instruction to Tennon's jury shifted the burden to Tennon to prove his innocence in violation of the due process clause of the fourteenth amendment. Relying on Holloway...

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