Legal Opinion
John Michael Humanik, Jr. v. Howard Beyer, Warden
Court of Appeals for the Third Circuit
Decided March 31, 1989No. 88-5098PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
We are asked in this habeas corpus proceeding to consider the constitutionality of New Jersey’s so-called “diminished capacity” statute, N.J.Stat.Ann. § 2C:4-2, which requires that the defendant bear the burden of proving by a preponderance of the evidence the existence of a mental disease or defect “which would negate a state of mind which is an element of the offense.” The district court held that neither the statute nor the instructions to the jury in the petitioner’s case violated the petitioner’s due process right to have the state prove each…
2Cases cited18 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- Cupp v. NaughtenSupreme Court of the United States · 1973
13 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- State v. TorresSupreme Court of New Jersey · 2005
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- State v. MooreSupreme Court of New Jersey · 1991
- Whitney v. HornCourt of Appeals for the Third Circuit · 2002
65 more not listed; retrieve them via the Exa API.