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PIGEE v. ISRAEL

Nos. 81-1269, 81-1508.

670 F.2d 690 (1982)

Willie Lee PIGEE, Petitioner-Appellant, v. Thomas R. ISRAEL and Bronson C. LaFollette, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 1982.

Rehearing and Rehearing Denied March 1, 1982.

Attorney(s) appearing for the Case

Ben Kempinen, Legal Assistance to Institutionalized Persons Program, Madison, Wis., for petitioner-appellant.

Chris Heikenen, Asst. Atty. Gen., Wis. Dept. of Justice, Bronson C. LaFollette, Atty. Gen., Madison, Wis., for respondents-appellees.

Before BAUER, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and BAKER, District Judge.

Rehearing and Rehearing En Banc Denied March 1, 1982.

FAIRCHILD, Senior Circuit Judge.

This appeal raises the question of whether, in a case in which intent is an element of the crime charged, the jury instruction that "When there are no circumstances to prevent or rebut the presumption, the law presumes that a reasonable person intends all the natural probable and usual consequences of his deliberate acts" risks a violation of the Fourteenth Amendment's requirement...

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