Gerald M. Hill v. Michael Maloney

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a mandatory presumption in a jury charge which directed a finding on an element of the criminal offense violated the Due Process Clause
• juxtaposing clumsily-worded correct instruction with clear and concise unconstitutional instruction in deciding that correct portions of charge as a whole did not negate the effects of the presumption-creating language
• juxtaposing clumsily-worded correct instruction with clear and concise unconstitutional instruction in deciding that correct portions of charge as a whole did not negate the effects of the presumption-creating language
• juxtaposing ___ clumsily-worded correct instruction with clear and concise unconstitutional instruction in deciding that correct portions of charge as a whole did not negate the effects of the presumption-creating language
• “malice is implied from any deliberate or cruel act against another, however sudden” [emphasis added]
• words \you may infer\ clearly indicated that inferences of malice and intent were permissive

Source: CourtListener parenthetical corpus (CC0).