Owens v. McLaughlin, No. 12-12590 (11th Cir. 2013)
Annotate this CasePetitioner was convicted of malice murder and sentenced to life in prison. On appeal, petitioner challenged the district court's denial of his 28 U.S.C. 2254 habeas petition. Petitioner argued that 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. The court concluded that the Georgia Supreme Court's decision was not contrary to, or involved an unreasonable application of, clearly established Federal law where the court found that any Sandstrom v. Montana error was harmless. At trial, the prosecution had presented substantial evidence to support its theory that the victim was killed in Troup County, Georgia. Further, the court concluded that the 25-year delay in resolving petitioner's motion for a new trial did not violate his constitutional rights where the Supreme Court has never held that there was a constitutional right to a speedy direct appeal in a state criminal case. Accordingly, the court affirmed the judgment.
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