McCANDLESS v. BEYER

No. 86-5851.

835 F.2d 58 (1987)

Thomas McCANDLESS, Appellant v. Harold BEYER, Superintendent, Trenton State Prison, and Irwin I. Kimmelman, Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided December 8, 1987.


Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, Judith B. Fallon, Asst. Deputy Public Defender (argued), East Orange, N.J., for appellant.

W. Cary Edwards, Atty. Gen., J. Grall Robinson, Deputy Atty. Gen. (argued), State of N.J., Div. of Crim. Justice, Appellate Section, Trenton, N.J., for appellee.

Before BECKER, SCIRICA, and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal from a denial of habeas corpus relief requires us to examine the constitutionality of a New Jersey statute, N.J. S.A. 2C:39-2b, which permits a jury to presume, unless the defendant comes forward with evidence to the contrary, the absence of a carrying permit from the possession of a firearm. Based upon the record before us, we conclude that there is a rational connection between the basic fact proved...

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