IN RE CLARK; AND IN RE REIDT

U.S. | 1988-11-28
Nos. 88-5615; No. 88-5652
488 U.S. 964 Supreme Court of the United States (1988) Positive Treatment
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  • Carella v. California, 491 U.S. 263 (U.S. 1989)
    …the presumptions on the ground that Carella “never offered testimony concerning the nonexistence of the presumed facts. ...” Id., at 61. This disposition was so plainly at odds with prior decisions of this Court that we noted probable jurisdiction, 488 U. S. 964 (1988), and now reverse. The Due Process Clause of the Fourteenth Amendment denies States the power to deprive the accused of liberty unless the prosecution proves beyond a reasonable doubt every element of the charged offense. In re Winship, 397 U…

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