State v. Nelson

DUNN, Justice.

Petitioner Nelson appeals from a denial of post-conviction relief stemming from his jury conviction of murder. The trial court ruled that the jury instructions given at petitioner’s murder trial did not shift the burden of proof from the state to petitioner regarding the element of premeditation and that the instructions did not violate the due process clause of the Fourteenth Amendment of the United States Constitution. We affirm.

Petitioner petitioned for post-conviction relief pursuant to SDCL 23-52-1 which allows one convicted of or sentenced for a crime to institute such a…