Does the doctrine of presumption of innocence and the state must prove every element beyond a reasonable doubt dissipate the Sandstrom error?
MultiRegion, United States of America
The following excerpt is from Halverson v. Rolf, 868 F.2d 1272 (9th Cir. 1989):
1 Instructions as here stating that the defendant is presumed innocent and that the state must prove every element beyond a reasonable doubt do not dissipate the Sandstrom error. Francis v. Franklin, 471 U.S. 307, 318-20 (1985).
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