The following excerpt is from Buford v. Yates, No. CIV S-08-2986 JAM CHS (E.D. Cal. 2010):
It is clearly established federal law that a criminal defendant is constitutionally entitled to a determination of guilt beyond a reasonable doubt on all elements of the offense charged, and a jury instruction that "fails to give effect to that requirement" violates due process. Middleton v. McNeil, 541 U.S. 433, 437 (2004).
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