Henry Arthur Drake v. Ralph Kemp, Warden

*1451R. LANIER ANDERSON, III, Circuit Judge:

INTRODUCTION

This case was taken en banc principally to consider two of the several constitutional claims asserted by appellant Henry Drake. In Section One of this opinion, we discuss the claim that the instruction on intent at Drake’s trial improperly shifted the burden of proof in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). We conclude that there was a Sandstrom violation, and that the error was not harmless beyond a reasonable doubt. In Section Two of this opinion, we discuss Drake’s claim that the prosecutor’s…