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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