James Lewis Cole v. L. v. Stevenson, Superintendent and Attorney General of the State of North Carolina, Rufus L. Edmisten
Court of Appeals for the Fourth Circuit
1Opinion of the Court
WIDENER, Circuit Judge:
The petitioner, James Lewis Cole, was convicted in a North Carolina State court of second degree murder. After a series of State appeals, which will be discussed in more detail below, Cole filed a petition for a writ of habeas corpus in the federal district court, alleging that the State trial court improperly instructed the jury by placing the burden on the defendant to prove self-defense and an absence of malice, and that this shifting of the burden of proof violated the due process clause of the Fourteenth Amendment as construed in Mullaney v. Wilbur, 421 U-S. 684,…
Also in this document: Dissent · Murnaghan; Dissent · Haynsworth.
2Cases cited67 opinions
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- In Re WINSHIPSupreme Court of the United States · 1970
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by62 opinions
- Reed v. RossSupreme Court of the United States · 1984
- Ford v. StricklandCourt of Appeals for the Eleventh Circuit · 1983
- Smith v. DixonCourt of Appeals for the Fourth Circuit · 1994
- Willis Leroy v. R.C. Marshall, Supt.Court of Appeals for the Sixth Circuit · 1985
- M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
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