MEALER

v.

NEW YORK

Citator

Cited By

• Brooks v. Kemp, 762 F.2d 1383 (11th Cir. 1985)
  …on several building blocks. First, the state correctly notes that malice murder in Georgia is defined as an intentional killing done without [*1389] provocation or justification. Lamb v. Jernigan, 683 F. 2d 1332, 1336 (11th Cir.1982), cert. denied, 460 U.S. 1024, 103 S.Ct. 1276, 75 L.Ed.2d 496 (1983). Second, the state argues that there was in this case no hint of provocation or justification,4 so that the only sub-element of malice which might possibly have been in dispute was intent. Third, the state ar…

  ← 1 / 3 →
• McCLESKEY v. Kemp, 753 F.2d 877 (11th Cir. 1985)
  …s analyzed unconstitutional burden-shifting instructions to determine whether they constituted harmless error. See, e.g., Mason v. Balkcom, 669 F. 2d 222, 227 (5th Cir. Unit B 1982). In Lamb v. Jernigan, 683 F. 2d 1332 (11th Cir.1982), cert. denied, 460 U.S. 1024, 103 S.Ct. 1276, 75 L.Ed.2d 496 (1983), the Court identified two situations in which an unconstitutional burden-shifting instruction might be harm [*903] less. First, an erroneous instruction may have been harmless if the evidence of guilt was so ov…
• Drake v. Kemp, 762 F.2d 1449 (11th Cir. 1985)
  …ce of the defendant’s guilt was overwhelming; and (2) where the instruction concerned an element of the crime which was not put in issue at trial. Davis, 752 F. 2d at 1521 (citing Lamb v. Jernigan, 683 F. 2d 1332, 1342 (11th Cir.1982), cert. denied, 460 U.S. 1024, 103 S.Ct. 1276, 75 L.Ed.2d 496 (1983)). Davis clarified the first prong by recognizing that the analysis should usually focus on whether the evidence of intent, rather than the more inclusive issue of guilt, is overwhelming. Davis, 752 F. 2d at 152…