Appeal from the United States District Court for the Northern District of Ohio at Akron.
No. 5:19-cv-01818—James S. Gwin, District Judge.
Argued: January 24, 2024
Decided and Filed: June 10, 2024
Before: GRIFFIN, BUSH, and READLER, Circuit Judges.
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OPINION
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CHAD A. READLER, Circuit Judge. In state court, Richard Whitman stood trial for the
shooting death of David Eadie. The trial court instructed the jury on self-defense but did not
provide Whitman’s requested instruction on the castle doctrine. A jury convicted Whitman.
Finding no relief on direct appeal, Whitman turned to federal habeas proceedings. The federal
constitutional issue Whitman asks us to resolve in his favor, however, was not properly
preserved in state court and is now barred from further review there. On that basis, Whitman has
procedurally defaulted his claim. We thus affirm the district court’s judgment in the warden’s
favor. |