On petition for writ of certiorari to the United States Court of
Appeals for the First Circuit.
On petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit.
The petitions for writs of certiorari are denied.
Justice MARSHALL, with whom Justice BRENNAN joins, dissenting
from denial of certiorari.
In Sandstrom v. Montana,
442 U.S. 510 ( 1979),
this Court held that a defendant's right to due process is violated
when the trial judge, charging the jury on the issue of criminal
intent, instructs the jury to presume that each person intends the
natural consequences of his act. We left open the possibility that
the impermissible effects of such a jury instruction might be
"removed" by other instructions that are "rhetorically inconsistent
with a conclusive or burden-shifting presumption." Id., at 518-519,
n. 7, n. 7. In each of these cases the trial judge gave an
instruction concerning intent that was improperly cast in the form
of a mandatory presumption. In each case the Court of Appeals held
that the improper instruction was cured by other instructions
concerning intent, even though the additional instructions were not
rhetorically inconsistent with the improper charge. I would grant
certiorari in order to address this misinterpretation of this
Court's decision in Sandstrom.
Page 459 U.S.
1162 , 1163
In No. 82-5763, petitioner Edwin Rivera was convicted in state
court of first-degree manslaughter and misdemeanor possession of a
weapon. The trial judge's instruction concerning intent began with
the following statement: "I shall now define intent for you. A
person is presumed to intend the natural consequence of his act."
This statement is substantively identical to the instruction in
Sandstrom which we held improper because "a reasonable juror could
have given the presumption conclusive or persuasion-shifting
effect." 442 U.S., at 519-57. See id., at 513-54. Accordingly, on
collateral review the District Court granted a writ of habeas
corpus.
The decision of the Court of Appeals for the Second Circuit
reversing the District Court cannot be squared with our holding in
Sandstrom. The Court of Appeals' conclusion that the charge as a
whole was proper rested on the existence of later statements in the
charge suggesting that the presumption is permissive, and on
boilerplate language concerning the state's burden of proof and the
jury's duty to consider all relevant evidence. Conspicuously absent
from the lower court's opinion is the conclusion that any of these
additional statements were rhetorically inconsistent with the
impermissible mandatory presumption language. The reason is clear:
the additional instructions reasonably could have been understood
by the jury in a manner entirely consistent with the improper
mandatory presumption. [
Footnote
1]
Page 459 U.S.
1162 , 1164
The presence of some arguably permissive-presumption language in
the judge's charge on intent merely created the "possibility that
some jurors may have interpreted the challenged instruction as
permissive." Sandstrom, supra, at 519. As in Sandstrom, this
possibility did not entitle the court to "discount the [other]
possibility that [Rivera's] jurors actually did proceed upon" an
impermissible, mandatory presumption. 2 Id. Nor were the defective
instructions cured by the presence of familiar language concerning
burden of proof and the duty to consider all evidence. As we
explained in Sandstrom, general instructions such as these are "not
rhetorically inconsistent with a conclusive or burden- shifting
presumption." Id., at 518, n. 7, n. 7. Because there were no
rhetorically inconsistent instructions that removed the effects of
the impermissible mandatory presumption instructions, the charge as
a whole was defective and Rivera's conviction cannot stand.
[
Footnote 3]
Page 459 U.S.
1162 , 1165
For similar reasons, petitioner Chasson's conviction in No.
82-5646 must also be vacated. At Chasson's trial for first degree
murder, the state trial court instructed the jury that "[w]hen one
does an unlawful act he is by law presumed to have intended to do
it and to have intended its ordinary and natural consequences. . .
." This instruction is substantively identical to the instruction
found impermissible in Sandstrom. In this case the trial judge also
charged with respect to " deliberate premeditation" that the jury
must find "the prior formation of the purpose to kill." The
District Court denied Chasson's writ of habeas corpus, and the
Court of Appeals for the First Circuit affirmed. The Court of
Appeals held that Sandstrom was not violated because, in light of
the charge on premeditation, the improper " 'instruction by itself
[did not] so infect[ ] the entire trial that the resulting
conviction violates due process,' Cupp v. Naughten,
414 U.S. 141 ( 1973);
Henderson v. Kibbe,
431 U.S.
145, 154, 1736, 52 L. Ed. 2d 203 (1977)."
The Court of Appeals' interpretation of Sandstrom is clearly
improper . The additional instruction in this case was entirely
consistent with the impermissible presumption of intent. Indeed,
the jury reasonably could have applied the presumption to its
finding of premeditation in the belief that when one does the
unlawful act of killing he is "presumed" to have formed the prior
purpose to kill. Id., at 525-526- 60. I would grant certiorari to
correct the misinterpretation of Sandstrom.
Footnotes
Footnote 1 Indeed, the trial
judge's further instructions reinforced the impermissible
presumption:
"Under our law every person is
presumed to intend the natural and inevitable consequences of his
own voluntary acts and unless such acts were done under
circumstances which would preclude the existence of such intent,
the jury has a right to infer from the results produced, the
intention to effect such result."
The jury reasonably could have interpreted this instruction as a
mandatory rebuttable presumption which, like a mandatory conclusive
presumption, violates due process. 442 U.S., at 519. Even if the
jury interpreted the latter portion of the instruction as
describing only a permissive presumption it would not be
rhetorically inconsistent with the earlier defective instructions.
See
534 F.
Supp. 980, 991-993 (SDNY 1982). However it was interpreted,
this additional instruction clearly did not remove the
impermissible effects of the trial judge's initial instruction
concerning intent.
Footnote 2 For example, the
instruction that "intent may be inferred from all the circumstances
of the case,"
683 F.2d
697, at 701, did not preclude the jury from employing a
mandatory presumption to find intent; nor is it inconsistent with
such a reliance, since it could reasonably have been interpreted as
permitting the jury to consider circumstantial (as opposed to
direct) evidence as to Rivera's acts from which intent is
automatically presumed. Similarly, the instruction that intent is a
"question of fact," id., at 701, is entirely consistent with a
mandatory presumption of intent based on factual findings as to
certain acts.
Footnote 3 The Court of
Appeals found it significant that the jury acquitted Rivera of
second-degree murder. 683 F.2d, at 702. However, this in no way
precludes the possibility that some jurors may have employed the
mandatory presumption to find that Rivera intended to cause serious
physical injury, an element of the manslaughter conviction. See
id., at 704 (Oakes, J., dissenting). The Court of Appeals also
suggested in passing that Sandstrom v. Montana,
442 U.S. 510 (1979),
should be limited to those situations where the only defense is
intent. 683 F.2d, at 700. Nothing in Sandstrom supports such a
narrow reading of that decision.
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