BUZYNSKI V OLIVER - ALLOCATION OF THE BURDEN OF BUZYNSKI V OLIVER - ALLOCATION OF THE BURDEN OF

• NCJ Number: 41598
• Journal: Virginia Law Review Volume: 63 Issue: 1 Dated: (FEBRUARY 1977) Pages: 147-160
• Author(s): ANON
• Date Published: 1977
• Length: 14 pages
• Corporate Author: University of Virginia
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE ARTICLE ANALYZES THE CASE IN WHICH THE FIRST CIRCUIT WOULD NOT STRIKE DOWN AN ARSON CONVICTION EVEN THOUGH IT FELT THAT THE PROSECUTION, NOT THE DEFENDANT, HAD THE BURDEN OF PROOF IN INSANITY.

Abstract

THE COURT'S OPINION REFLECTS THE DIFFICULTIES CURRENTLY CONFRONTING STATE AND FEDERAL COURTS ATTEMPTING TO APPLY THE CONSTITUTINAL DOCTRINE ESTABLISHED BY THE ENIGMATIC OPINION OF MULLANEY V WILBUR (1975) WHERE THE BURDEN OF PERSUASION TO REBUT THE PRESUMPTION OF SANITY WAS FOUND TO BE ON THE DEFENDANT....TWH