Willie Lee Pigee v. Thomas R. Israel and Bronson C. Lafollette

I respectfully dissent. I am of the opinion that the majority decision is in collision with Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979) and that giving the jury instruction in question in this case deprived the petitioner of his right to due process of law.

I

With the exception of the introductory clause, “When there are no circumstances to prevent or rebut the presumption,” and the substitution of the words, “deliberate acts,” for the words, “voluntary acts,” the instruction condemned in Sandstrom and the instruction here are virtually the same.1 The majority relies…