Donald Morris v. Burl Cain, Warden, Louisiana State Penitentiary

CARL E. STEWART, Circuit Judge:

Donald Morris, Louisiana prisoner # 120944, appeals the district court’s denial of his 28 U.S.C. § 2254 federal habeas corpus petition on the grounds that the reasonable doubt jury instruction at his trial was constitutionally infirm. Morris argues that the instruction used invalid language which confused or at least prejudiced the jury under Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990) (per curiam), and Victor v. Nebraska, 511 U.S. 1, 114 S.Ct. 1239, 127 L.Ed.2d 583 (1994). Because we believe that the jury instruction, taken as a whole,…