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· 3/23/1990

Jimmy Don Hall v. Ira Kelso, Warden

Citations

  • 892 F.2d 1541

How courts have described this case

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

  • holding that “burden-shifting . . . may violate the due process clause protection”
  • finding as an exception the rule announced in Sandstrom v. Montana regarding burden shifting instructions
  • retroactive application for Francis v. Franklin, 471 U.S. 307, 85 L. Ed. 2d 344, 105 S. Ct. 1965 (1985), and Sandstrom v. Montana, 442 U.S. 510, 61 L. Ed. 2d 39, 99 S. Ct. 2450 (1979), holding burden-shifting jury instructions were unconstitutional
  • retroactive application for Francis v. Franklin, 471 U.S. 307, 85 L. Ed. 2d 344, 105 S. Ct. 1965 (1985), and Sandstrom v. Montana, 442 U.S. 510, 61 L. Ed. 2d 39, 99 S. Ct. 2450 (1979), holding burden-shifting jury instructions were unconstitutional

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Kravitch, Tuttle

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.