Search for: ""In re Winship" OR "397 U.S. 358"" Results 21 - 29 of 29
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18 Mar 2010, 4:02 pm by Federal and Extradition Defense
See In re Winship, 397 U.S. 358, 364 (1970) ("[W]e explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged. [read post]
7 Oct 2009, 12:00 am
Williams, 425 U.S. 501 (1976); In re Winship, 397 U.S. 358 (1970); 9 J. [read post]
21 May 2009, 5:38 pm
See In re Winship, 397 U.S. 358 (1970). [read post]
9 Oct 2008, 6:19 pm
  The first issue was whether "the trial judge's instruction to the jury that the prosecution 'does not have the burden of proving that no one else may have committed the murder' [was] an error that was contrary to clearly established Supreme Court precedent as stated in In re Winship, 397 U.S. 358 (1970). [read post]
9 Sep 2008, 6:16 am
" In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970); U.S. [read post]
8 Apr 2008, 7:35 am
’” Id. at 230 (quoting In Re Winship, 397 U.S. 358 (1970)). [read post]
9 Aug 2007, 12:39 am
The court also cited In re Winship, 397 U.S. 358, 368 (1970), in observing that the safeguards that are required for juvenile offenses-the right to notice, the right to counsel, the right to confront and cross-examine witnesses, the privilege against self-incrimination, and proof of guilt beyond a reasonable doubt-"are more than sufficient to ensure the reliability that Apprendi requires. [read post]