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Gilbert v. Moore, No. 96-12 (4th Cir.) (121 F.3d 144) (July 29, 1997) (Judge Donald S. Russell)

In this case a panel from the Fourth Circuit held that an implied malice jury instruction which improperly shifted the burden of proof as to malice from the prosecution to the defense resulted in actual prejudice to the petitioners.

The key issue on appeal was the implied malice instruction. At ...

 

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