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DRESKE v. WIS. DEPT. OF HEALTH & SOC. SERVICES

Civ. A. No. 79-C-707.

491 F.Supp. 1308 (1980)

George R. DRESKE, Petitioner, v. WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES et al., Respondents.

United States District Court, E. D. Wisconsin.

June 20, 1980.

Attorney(s) appearing for the Case

James R. Glover and James M. Shellow, Milwaukee, Wis., for petitioner.

Bronson C. LaFollette, Atty. Gen. of Wisconsin, and Thomas J. Balistreri, Asst. Atty. Gen., Madison, Wis., for respondents.

DECISION AND ORDER

REYNOLDS, Chief Judge:

On February 4, 1980, a decision and order was issued granting the application of the petitioner George R. Dreske for a writ of habeas corpus on the ground that the presumptive intent instruction given to the jury during his trial unlawfully shifted to him the burden of proof at trial on the element of intent in violation of the due process clause of the Fourteenth Amendment. Sandstrom v. State of Montana,...

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