Legal Opinion
John Merlo v. Dan L. Bolden
Court of Appeals for the Sixth Circuit
Decided September 18, 1986No. 86-1118PublishedCited by 20 opinions
1Opinion of the Court
CONTIE, Senior Circuit Judge.
The Oakland County Prosecutor appeals from an order of the district court granting petitioner John Merlo’s petition for a writ of habeas corpus. The district court found that Merlo’s conviction for murdering his wife was obtained through a jury instruction which impermissibly shifted the burden of proof on the element of mens rea in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). For the reasons that follow, we affirm.
I
On January 13, 1984, petitioner John Merlo filed a petition for a writ of habeas corpus alleging denial of…
2Cases cited17 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Sandstrom v. MontanaSupreme Court of the United States · 1979
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3Cited by20 opinions
- Donald Ray Wells v. Manfred Maass, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1994
- Davis v. United StatesDistrict of Columbia Court of Appeals · 1989
- Freeman v. StateCourt of Criminal Appeals of Alabama · 1988
- Robert C. Cook v. Dale FoltzCourt of Appeals for the Sixth Circuit · 1987
- William Gibbs Hyman v. James Aiken, Warden, Cci, and Travis Medlock, Attorney General, State of South CarolinaCourt of Appeals for the Fourth Circuit · 1987
15 more not listed; retrieve them via the Exa API.