Opinion

Ronald Maurice Stump v. John Bennett, Warden, Iowa State Penitentiary, Fort Madison, Iowa

  • 398 F.2d 111
Court
Court of Appeals for the Eighth Circuit
Filed
Dec 16, 1968
Status
Published
Author
Matthes
On the bench
Van Oosterhout Mehaffy, Van Oosterhout, Vogel, Matthes, Blackmun, Mehaffy, Gibson, Lay, Heaney
Cited by
114 cases

shifting the burden of persuasion to defendant to prove an alibi is unconstitutional since the alibi is a direct denial of participation in the criminal act, not a justification for admitted conduct

How later courts described this case

  • shifting the burden of persuasion to defendant to prove an alibi is unconstitutional since the alibi is a direct denial of participation in the criminal act, not a justification for admitted conduct
  • instruction that shifts burden of proof on alibi not harmless even if "evidence conclusively demonstrates guilt"
  • a flawed alibi instruction can undermine a jury's understanding of reasonable doubt
  • burden of persuasion on government unaffected by assertion of alibi defense

Written by the judges who cited it.

The opinion

MATTHES, Circuit Judge, with whom Chief Judge VAN OOSTERHOUT and Circuit Judge MEHAFFY

join, dissenting.

I concur in Chief Judge VAN OOST-ERHOUT’s dissent.

In examining the trial court’s comprehensive instructions, I find that the jury was informed on at least twelve different occasions that it was required to determine beyond a reasonable doubt that defendant had committed the offense before it could find him guilty. In this posture, it is inconceivable to me that the defendant was deprived of the presumption of innocence by reason of the alibi instruction. I believe that the jury, presumptively composed of reasonably intelligent persons, understood that all essential elements of the offense had to be established beyond a reasonable doubt. For this reason I am unable to comprehend any rational basis upon which to interfere with the judgment of the state court in this post-conviction proceeding.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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