Legal Opinion
Smart v. Leeke
District Court, D. South Carolina
Decided September 30, 1987No. Civ. A. No. 3:85-0225-15BPublishedCited by 4 opinions
1Opinion of the Court
HAMILTON, District Judge.
Petitioner, a state prisoner confined by the South Carolina Department of Corrections, has filed the present action seeking habeas corpus relief pursuant to 28 U.S.C. § 2254.1 Petitioner complains that the trial court’s instructions to the jury2 on the issue of self-defense violated the Fourteenth Amendment by impermissibly shifting to him the burden of disproving the element of malice, thereby relieving the State of its constitutional duty to prove each element of the crime of murder beyond a reasonable doubt. He also complains that the jury instructions violated the…
2Cases cited36 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- David E. Camby v. Larry Davis James M. LesterCourt of Appeals for the Fourth Circuit · 1983
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Engle v. IsaacSupreme Court of the United States · 1982
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3Cited by4 opinions
- Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South CarolinaCourt of Appeals for the Fourth Circuit · 1989
- Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South CarolinaCourt of Appeals for the Fourth Circuit · 1988
- Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South CarolinaCourt of Appeals for the Fourth Circuit · 1989
- Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South CarolinaCourt of Appeals for the Fourth Circuit · 1988