The following excerpt is from Odoms v. Hatcher, 83 F.3d 428 (9th Cir. 1996):
Odoms argues that the jury instruction shifted the burden of proof from the prosecution to the defense in violation of the Fourteenth Amendment. The challenged instruction reads: "Malice shall be implied when no considerable provocation appears, or when all the circumstances of the attempted killing show an abandoned and malignant heart." He challenges this instruction because, he claims, the jury could have interpreted it to presume his intent to kill, in violation of Sandstrom v. Montana, 442 U.S. 510 (1979). 1
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