Legal Opinion

State v. Charlton

Supreme Court of Minnesota

Decided September 2, 1983No. C7-82-856PublishedCited by 32 opinions

1Opinion of the Court

WAHL, Justice.

This appeal is from a conviction for aggravated robbery in violation of Minn.Stat. § 609.245 (1982) and liability for the crimes of another under Minn.Stat. § 609.05 (1982). Appellant, who relied on the defense of duress, claims that the trial court, in its jury instructions, impermissibly shifted the burden of proof on the element of intent to him. He views this burden as a violation of due process of law under the Fourteenth Amendment of the United States Constitution, Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975), in that it relieves the state of its…

2Cases cited23 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Sandstrom v. MontanaSupreme Court of the United States · 1979
  4. Mullaney v. WilburSupreme Court of the United States · 1975
  5. Morissette v. United StatesSupreme Court of the United States · 1952

18 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. State v. AuchampachSupreme Court of Minnesota · 1995
  2. State v. OrselloSupreme Court of Minnesota · 1996
  3. State v. CaineSupreme Court of Minnesota · 2008
  4. People v. SpeerSupreme Court of Colorado · 2011
  5. Alford v. State, Texas Court of Appeals, 5th District (Dallas)1991

27 more not listed; retrieve them via the Exa API.

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