What is the test for reasonable doubt instructions in a sexual assault case?

MultiRegion, United States of America

The following excerpt is from Rhoades v. Henry, 598 F.3d 495 (9th Cir. 2010):

Rhoades contends that the trial court's reasonable doubt instructions violated due process under In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970), and Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990). In particular, the court used the phrases "moral evidence" and "moral certainty" in Instructions 23 and 26, 13 and indicated that

the burden of proof is not intended to aid anyone who is in fact guilty in Instruction 22J.14

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