Vaughn v. Britton

GODBOLD, Chief Judge:

This case concerns the claim of a habeas petitioner that the Allen charge, see Allen v. U.S., 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896), given to the jury at his trial for murder resulted in a coerced verdict of guilty and hence a mandatory life sentence. Because of a procedural default not excused by the required showing of cause and prejudice, we are barred from considering the merits of petitioner’s claim and, therefore, affirm the district court’s denial of relief.

I. FACTS

Petitioner Vaughn shot and killed Starks in 1976 as Starks was walking up the front steps…