JOHNSON
v.
BENNETT, WARDEN
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The Court vacated the Eighth Circuit's decision and remanded for reconsideration, noting a subsequent en banc ruling that the Iowa alibi instruction unconstitutionally shifted the burden of proof to the defendant.
Petitioner was convicted of murder in Iowa after the trial court instructed the jury that the petitioner bore the burden of proving his alibi defense …
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See also State v. Johnson, 221 Iowa 8, 21, 267 N. W. 91 (1936), in which the Iowa Supreme Court corrected certain errors made in its original opinion.
The other issues were whether the State had suppressed evidence favorable to petitioner and intentionally used false evidence at petitioner’s trial, in violation of the Fourteenth Amendment.
The instruction in Stump was similar to the one in the present ease. The Court of Appeals rejected the State’s contention that any error was harmless because the jury was also instructed that the State had the burden of proving "the crime as a whole” beyond a reasonable doubt. The court pointed out that, in view of the instruction’s inconsistency, reasonable minds could infer that the defendant retained the burden of proving nonpresence. 398 F. 2d, at 116, 121-122.
In Stump, the Court of Appeals said:
“[W]e are not directly faced with issues of retroactivity. We recognize that a panel of this court in Johnson v. Bennett, also a habeas corpus proceeding by an Iowa state prisoner, refused relief as to a number of matters, including the alibi instruction. The Johnson case concededly has some factual distinctions from the present one. Also significant is the fact that in the Stump case, unlike Johnson, counsel has carefully preserved by objections throughout the trial and appellate procedures his argument as to the unconstitutionality of the instruction.” (Citations omitted.) 398 F. 2d, at 122-123.
We express no opinion as to the validity of the distinctions suggested by the Court of Appeals. Instead, we deem it appropriate to remand to that court for a definite ruling on the issue.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Engle v. Isaac, 456 U.S. 107 (U.S. 1982)…ted due process. The court, moreover, observed: “That an oppressive shifting of [*132] the burden of proof to a criminal defendant violates due process is not a new doctrine within constitutional law.” 398 F. 2d, at 122. See also Johnson v. Bennett, 393 U. S. 253 (1968) (vacating and remanding lower court decision for reconsideration in light of Stump); State v. Nales, 28 Conn. Supp. 28, 248 A. 2d 242 (1968) (holding that due process forbids requiring defendant to prove “lawful excuse” for possession of hous…
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Davis v. Campbell, 608 F.2d 317 (8th Cir. 1979)…-federal comity, raising the issue of exhaustion sua sponte. Conner v. Auger, 595 F. 2d 407, 413 (8th Cir. 1979); Blackwell v. Wolff, 454 F. 2d 48, 50 (8th Cir. 1972); Johnson v. Bennett, 386 F. 2d 677, 678 (8th Cir. 1967), vacated on other grounds, 393 U.S. 253,89 S.Ct. 436, 21 L.Ed.2d 415 (1968). In the present case, the state erroneously conceded in its district court pleadings that state remedies were exhausted. This fact could be viewed as a waiver of the exhaustion requirement. However, we find no pr…
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Smith v. Smith, 454 F.2d 572 (5th Cir. 1971)…of constitutional rights by penalizing those who choose to exercise them . . . ” This is an impermissible burden. 398 F. 2d at 120. Shortly after Stump, the Supreme Court vacated Johnson for reconsideration in light of Stump. Johnson v. Bennett, 393 U.S. 253, 89 S.Ct. 436, 21 L. Ed.2d 415 (1968). On the same day, the Court denied certiorari in Stump. Bennett v. Stump, 393 U.S. 1001, 89 S.Ct. 483, 21 L.Ed.2d 466 (1968), The Eighth [*575] Circuit, upon en banc consideration of Johnson in light of Stump, r…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stump v. Bennett, 398 F.2d 111 (8th Cir. 1968)
- Gale H. Johnson v. Bennett, 386 F.2d 677 (8th Cir. 1967)
- Johnson v. Bennett, 390 U.S. 1002 (U.S. 1968)
- Port Auth. Trans-Hudson Corp. v. Hudson Rapid Tubes Corp., 390 U.S. 1002 (U.S. 1968)