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Shelton v. Lee

The jury instruction, which closely tracked language found in O.C.G.A. § 17-2-2 subsection c, that where it cannot be readily determined in which county the cause of death was inflicted, it shall be considered that the cause of death was inflicted in the county in which the dead body was discovered, did not unconstitutionally shift the burden of proving venue to the defendant.

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Appellant William Lee Shelton was tried by a jury in the Pike County Superior Court and convicted of malice murder and robbery by force. He was sentenced to life in prison. On direct appeal in 2005, this Court affirmed Shelton’s convictions and rejected, among other things, an evidentiary challenge to venue in Pike County, because, even though conflicting evidence was presented regarding where the injury causing death was inflicted, the body was discovered there. Thus, we concluded, the evidence was sufficient to establish venue in Pike County beyond a reasonable doubt. Shelton v. State, 279 Ga. 161, 162-163 4 611 SE2d 161 2005.

On July 11, 2013, Shelton filed a petition for habeas corpus relief, in which he asserted that his due process rights were violated by the instruction to the jury which closely tracked language found in OCGA § 17-2-2 c, that where it cannot be readily determined in which county the cause of death was inflicted, it shall be considered that the cause of death was inflicted in the county in which the dead body was discovered.1 Shelton argued that this language instructed the jury to consider the cause of death to have occurred where the body was found and unconstitutionally shifted the burden of proving venue to the defendant. The habeas court found this issue was barred by res judicata because the issue of whether venue was established in Pike County was raised and ruled upon in the direct appeal.

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