State v. Lawton

The opinion of the court was delivered by

HUMPHREYS, J.A.D.

Defendant appeals the denial of his motion for post-conviction relief. He asserts that his 1987 conviction for first degree murder and possession of a handgun should be vacated. He contends:

I. THE JURY INSTRUCTIONS WERE INHERENTLY CONFUSING, CONTRADICTORY, AND IMPERMISSIBLY SHIFTED THE BURDEN OF PROOF ONTO THE DEFENDANT, RESULTING IN PLAIN ERROR.

A. Taken In Its Entirety, The Instruction Is Still Inherently Confusing And Contradictory, Even With The Re-Charge.

B. The Trial Court Impermissibly Shifted the Burden Of Proof Onto The…