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KEELER v. MAUNEY

No. 2817.

330 S.C. 568 (1998)

500 S.E.2d 123

James Morgan KEELER, Respondent, v. Hal MAUNEY, Warden, Appellant.

Court of Appeals of South Carolina.

Decided March 30, 1998.

Rehearing Denied June 18, 1998.

Attorney(s) appearing for the Case

John D. Elliott; and William T. Toal, of Johnson, Toal & Battiste, Columbia, for respondent.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox and Assistant Attorney General Matthew M. McGuire, of Office of the Attorney General, Columbia, for appellant.

HOWARD, Judge:

James Morgan Keeler was convicted of murder in 1981 and sentenced to life imprisonment. He petitioned the circuit court for a writ of habeas corpus. The circuit court granted Keeler habeas corpus relief on the ground that the trial judge's jury charge unconstitutionally shifted the burden of proof to the defendant by instructing the jury that the law implies malice from the use of a deadly weapon. The State appeals. We reverse and remand.

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