What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice?
California, United States of America
The following excerpt is from People v. Nieto Benitez, 13 Cal.Rptr.2d 864, 4 Cal.4th 91, 840 P.2d 969 (Cal. 1992):
12 Because nothing in the record indicates that the trial court relieved the prosecution of its burden of establishing that defendant acted with malice, we reject defendant's claim that he was denied his constitutional right to due process of law. (Compare Yates v. Aiken (1988) 484 U.S. 211, 214-217, 108 S.Ct. 534, 536-538, 98 L.Ed.2d 546.)
1 Unlabeled section references are to this code.
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