The following excerpt is from Sturgis v. Goldsmith, 796 F.2d 1103 (9th Cir. 1986):
Sturgis also complains that the following instruction allowed the jury to presume intent and relieved the prosecution of its burden of proving all elements of the crime: "Intent to kill may be presumed from use of a deadly weapon." This contention states a colorable claim for habeas relief under the due process clause. See Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979) (instruction that effectively shifts burden to defendant on element of the offense violates due process).
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