Home / Case Digests / 00-0541 State v. Harvey

00-0541 State v. Harvey

This is because a jury instruction that directs a jury to accept as true a judicially-noticed fact that constitutes an element of the crime is indistinguishable from a mandatory conclusive presumption on an elemental fact, which is unconstitutional under Sandstrom v. Montana, 442 U.S. 510 (1979).However, this error was harmless because it cannot be and ...

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