discussing confusion in case law on whether defendant ever has burden of proof or persuasion in a criminal case. See In re Winship, 397 U. S. 358 (90 SC 1068, 25 LE2d 368) (1970); Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508) (1975
How later courts described this case
- discussing confusion in case law on whether defendant ever has burden of proof or persuasion in a criminal case. See In re Winship, 397 U. S. 358 (90 SC 1068, 25 LE2d 368) (1970); Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508) (1975
- prohibiting jury instructions that place any burden of persuasion upon the defendant in criminal cases
- discussing confusion in case law on whether defendant ever has burden of proof or persuasion in a criminal case
Written by the judges who cited it.
The opinion
Gunter, Justice,
dissenting.
I agree with the opinion and judgment of the Court of Appeals in this case and would affirm that court’s judgment.
I respectfully dissent.