Felix Stroud Hammontree v. C. Paul Phelps, Director, Louisiana Department of Corrections, Respondent

(Powell, J.,

Id. at 801-02 dissenting).

Justice Powell suggested that the majority had not fully considered the due process standard. The majority did state, however, that if it is “clear that the presumption is not the sole and sufficient basis for a finding of guilt, it need satisfy only the test described in Leary ”, i. e., that the presumption is valid only if it is more likely than not that the ultimate fact flows from the basic fact proven by the presumption. Id. at -, 99 S.Ct. at 2230, 60 L.Ed.2d at 798.

Justice Powell saw two problems with the presumption considered in Ulster County.…