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WILES v. ROOF

Nos. 88-7052, 88-7553.

854 F.2d 671 (1988)

Charles Junior WILES, Petitioner-Appellee, v. George ROOF, Superintendent; Attorney General of South Carolina, Respondents-Appellants. Daryl McFADDEN, Petitioner-Appellee, v. William LEEKE, Commissioner, South Carolina Corrections Department, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1988.

Attorney(s) appearing for the Case

Frank L. Valenta, Jr., Asst. Atty. Gen., Donald John Zelenka, Chief Deputy Atty. Gen. (T. Travis Medlock, Atty. Gen., Columbia, S.C., on brief), for respondents-appellants.

Terrell T. Horne, David W. Goldman, Bryan, Bahnmuller, King, Goldman & McElveen, Sumter, S.C., on brief, for petitioner-appellee Charles Junior Wiles.

Clark Dickenson Hopkins, Jr., North Charleston, S.C., for petitioner-appellee Daryl McFadden.

Before PHILLIPS and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

ERVIN, Circuit Judge:

These two cases involve the validity of voluntary manslaughter convictions where self-defense was alleged as an affirmative defense. The district court granted writs of habeas corpus in each case finding that the jury instructions impermissibly shifted the burden to defendants to show that they did not act with malice because they acted in self-defense. Because malice is not an element of the crime of voluntary manslaughter, we find the erroneous...

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