(DOWNLOAD) "Howze v. Marshall" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Howze v. Marshall
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 09, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This appeal from the district courts denial of Howzes petition for a writ of habeas corpus requires us to determine whether Howze was denied federal due process when, pursuant to Ohio law, the burden was placed upon him at trial to prove by a preponderance of the evidence that he was insane when he committed the robberies which led to his conviction. The district court held that the State of Ohio could constitutionally place the burden of proving the affirmative defense of insanity on Howze, relying upon the decisions in Leland v. Oregon, 343 U.S. 790, 96 L. Ed. 1302, 72 S. Ct. 1002 (1952), Patterson v. New York, 432 U.S. 197, 53 L. Ed. 2d 281, 97 S. Ct. 2319 (1977), and Krzeminski v. Perini, 614 F.2d 121 (6th Cir.), cert. denied, 449 U.S. 866, 66 L. Ed. 2d 84, 101 S. Ct. 199 (1980). We affirm.