BUZYNSKI v. OLIVER

No. 76-1091.

538 F.2d 6 (1976)

Peter J. BUZYNSKI, Petitioner, v. Richard M. OLIVER, Warden, Maine State Prison, et al., Respondents.

United States Court of Appeals, First Circuit.

Decided July 14, 1976.


Attorney(s) appearing for the Case

David C. Pomeroy, Portland, Maine, by appointment of the Court, for petitioner.

William J. Kelleher, Asst. Atty. Gen., Augusta, Maine, for respondent.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.


COFFIN, Chief Judge.

This appeal presents the question whether the due process clause of the Fourteenth Amendment prohibits a state from requiring a criminal defendant, who pleads legal insanity, to carry the burden of persuasion on that issue. Maine is one of a substantial number of states which require a criminal defendant who raises the defense of legal insanity not only to produce evidence on that issue1 but also to persuade the jury...

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