UNITED STATES EX REL. GODDARD v. VAUGHN

No. 79-1395.

614 F.2d 929 (1980)

UNITED STATES of America ex rel. Regent GODDARD, Appellant, v. James T. VAUGHN, Superintendent, Delaware Correctional Center, Appellee.

United States Court of Appeals, Third Circuit.

Decided February 12, 1980.


Attorney(s) appearing for the Case

Richard E. Fairbanks, Jr., Asst. Public Defender (argued), Wilmington, Del., for appellant.

Francis A. Reardon, Deputy Atty. Gen. (argued), Dept. of Justice, Wilmington, Del., for appellee.

Before HUNTER, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The question in this appeal is whether a state may place the burden of proving voluntary intoxication on an accused who invokes it as a defense to a crime requiring specific intent. We find no constitutional prohibition to such a statutory allocation of the onus probandi and affirm the denial of a petition for a writ of habeas corpus filed by a state prisoner convicted of first degree murder.

A Delaware state...

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