Drinkwater v. Gagnon

DECISION and ORDER

MYRON L. GORDON, Chief Judge.

In his petition for a writ of habeas corpus, Willie Lee Drinkwater challenges his convictions for armed robbery and attempted murder, party to a crime, on the grounds that the trial court improperly instructed the jury that it could presume the crucial element of intent from Mr. Drinkwater’s acts. The Supreme Court found a similar instruction unconstitutional in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979).

The respondents raise several arguments to support the convictions, including the claim that Sandstrom does not…