Legal Opinion
Boswell v. State
Supreme Court of Georgia
Decided May 31, 1979No. 34853PublishedCited by 7 opinions
1Opinion of the Court
Hall, Justice.
This is an out-of-time appeal from a 1973 murder conviction and life sentence.
Boswell contends that the following charges given at his trial were burden-shifting under Mullaney v. Wilbur, 421 U. S. 684 (1975) and State v. Moore, 237 Ga. 269 (227 SE2d 241) (1975):
"The burden is on the defendant to establish by this [sic] preponderance of the' evidence, not beyond a reasonable doubt, but by a preponderance of the evidence, that at the time of the alleged offense, he was mentally irresponsible under tests that have been recognized by the law of Georgia.”
"While the burden of the…
2Cases cited5 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- State v. MooreSupreme Court of Georgia · 1976
- Durham v. StateSupreme Court of Georgia · 1977
- Pierce v. StateSupreme Court of Georgia · 1979
3Cited by7 opinions
- Chancellor v. StateCourt of Appeals of Georgia · 1983
- People v. HightowerAppellate Court of Illinois · 1988
- Williams v. StateSupreme Court of Georgia · 1982
- Scoggins v. StateCourt of Appeals of Georgia · 1980
- Oliver v. StateSupreme Court of Georgia · 1979
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