Guthrie v. Warden, Maryland Penitentiary

FRANK A. KAUFMAN, Chief Judge.

This case involves issues which are posed by the Supreme Court’s opinions in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975); and In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970) relating to burden of proof and, in connection therewith, presumptions and the shifting of burden. 1 Those opinions have retroactive effect, as made clear in Hankerson v. North Carolina, 432 U.S. 233, 97 S.Ct. 2339, 53 L.Ed.2d 306 (1977), holding Mullaney retroactive and Ivan…