How have the courts treated prejudice in the context of a claim that the burden of proving a defendant's sanity is on the public?

MultiRegion, United States of America

The following excerpt is from United States ex rel. Marcelin v. Mancusi, 462 F.2d 36 (2nd Cir. 1972):

The consideration of prejudice in the instant case of course is implicit in our discussion, p. 43, supra, of petitioner's claim that under New York law the burden is on the people to prove a defendant's sanity beyond a reasonable doubt. People v. Kelly, supra.

Other Questions


When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
What is the burden of proving that a defendant made in connection with a public issue is in violation of the Defendant's right to free speech? (MultiRegion, United States of America)
What is the burden of proving prejudice in the context of the Court of Appeal's opinion on the issue? (MultiRegion, United States of America)
How have the courts treated civil rights claims brought by children against the same federal, state and city defendants? (MultiRegion, United States of America)
How have courts treated "state constitutional questions" in the context of federal constitutional claims? (MultiRegion, United States of America)
How have the courts treated the union in the context of a claim that the union did not act in bad faith? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the burden of proving a plaintiff's claim of discrimination against a defendant by a preponderance of the evidence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.