HUMANIK v. BEYER

No. 88-5098.

871 F.2d 432 (1989)

John Michael HUMANIK, Jr., Appellant v. Howard BEYER, Warden.

United States Court of Appeals, Third Circuit.

Decided March 31, 1989.


Attorney(s) appearing for the Case

Joel I. Rachmiel (argued), Springfield, N.J., for appellant.

W. Cary Edwards, Atty. Gen. of New Jersey, Richard J. Hughes Justice Complex, Linda K. Calloway (argued), Deputy Atty. Gen., Div. of Crim. Justice, Appellate Section, Trenton, N.J., for appellee.

Before STAPLETON, SCIRICA and COWEN, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

We are asked in this habeas corpus proceeding to consider the constitutionality of New Jersey's so-called "diminished capacity" statute, N.J.Stat.Ann. § 2C:4-2, which requires that the defendant bear the burden of proving by a preponderance of the evidence the existence of a mental disease or defect "which would negate a state of mind which is an element of the offense." The district court held that neither...

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