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Keating v. Hood, No. 98-55468 (9th Cir.) (191 F.3d 1053) (September 16, 1999) (Judge Stephen Reinhardt)

Here the Court held that instructions that allow a jury to convict without finding every element of the offense violate In Re Winship's requirement that "every fact necessary to constitute the crime" must be proven beyond a reasonable doubt.

The defendant in this case was convicted in both state and ...

 

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