carella
california
argued
april
decided
june
appellant
carella
convicted
california
jury
grand
theft
failure
return
rented
car
trial
judge
instructed
jury
person
shall
presumed
embezzled
vehicle
returned
within
days
rental
agreement
expiration
date
intent
commit
theft
fraud
presumed
failure
return
property
within
days
demand
appellate
department
held
presumptions
valid
even
though
prosecution
acknowledged
instructions
imposed
conclusive
presumptions
core
elements
crime
violation
due
process
clause
held
jury
instructions
violated
due
process
clause
fourteenth
amendment
instructions
mandatory
since
understood
reasonable
jurors
require
find
presumed
facts
state
proved
certain
predicate
facts
thus
directly
foreclosed
independent
jury
consideration
whether
facts
proved
established
certain
elements
offenses
carella
charged
relieved
state
burden
winship
proving
evidence
every
essential
element
carella
crime
beyond
reasonable
doubt
determination
whether
error
harmless
lower
make
first
instance
reversed
remanded
christopher
cerf
appointment
argued
cause
pro
hac
vice
filed
briefs
appellant
arnold
guminski
argued
cause
appellee
brief
ira
reiner
harry
sondheim
william
stephens
filed
brief
american
rental
association
amicus
curiae
urging
affirmance
per
curiam
march
jury
trial
municipal
beverly
hills
judicial
district
california
appellant
eugene
carella
convicted
grand
theft
failure
return
rented
car
trial
adopted
prosecution
requested
instructions
applying
statutory
presumptions
cal
veh
code
ann
west
cal
penal
code
ann
west
specifically
carella
objection
charged
jury
follows
presumption
respecting
theft
fraud
intent
commit
theft
fraud
presumed
one
leased
rented
personal
property
another
pursuant
written
contract
fails
return
personal
property
owner
within
days
owner
made
written
demand
certified
registered
mail
following
expiration
lease
rental
agreement
return
property
leased
rented
whenever
person
leased
rented
vehicle
wilfully
intentionally
fails
return
vehicle
owner
within
five
days
lease
rental
agreement
expired
person
shall
presumed
embezzled
vehicle
app
due
process
clause
fourteenth
amendment
denies
power
deprive
accused
liberty
unless
prosecution
proves
beyond
reasonable
doubt
every
element
charged
offense
winship
jury
instructions
relieving
burden
violate
defendant
due
process
rights
see
francis
franklin
sandstrom
montana
directions
subvert
presumption
innocence
accorded
accused
persons
also
invade
task
assigned
solely
juries
criminal
cases
explained
francis
sandstrom
courts
ask
whether
presumption
question
mandatory
whether
specific
instruction
alone
context
overall
charge
understood
reasonable
jurors
require
find
presumed
fact
state
proves
certain
predicate
facts
see
sandstrom
supra
prosecution
understandably
dispute
instructions
case
phrased
commands
instructions
explicit
unqualified
effect
explained
elsewhere
jury
charge
merely
permissive
carella
jury
told
first
person
shall
presumed
embezzled
vehicle
returned
within
days
expiration
rental
agreement
second
intent
commit
theft
fraud
presumed
failure
return
rented
property
within
days
demand
mandatory
directions
directly
foreclosed
independent
jury
consideration
whether
facts
proved
established
certain
elements
offenses
carella
charged
instructions
also
relieved
state
burden
proof
articulated
winship
namely
proving
evidence
every
essential
element
carella
crime
beyond
reasonable
doubt
two
instructions
violated
fourteenth
amendment
state
insists
error
event
harmless
similar
cases
decide
issue
sandstrom
montana
supra
jury
murder
case
instructed
law
presumes
person
intends
ordinary
consequences
voluntary
acts
held
jury
might
understood
presumption
conclusive
shifting
burden
persuasion
instruction
constitutional
error
claim
harmless
error
however
even
though
jury
might
considered
presumption
conclusive
remanded
state
consider
issue
chose
rose
clark
said
sandstrom
error
subject
rule
sandstrom
error
equivalent
directed
verdict
state
jury
instructed
presume
malice
predicate
facts
still
must
find
existence
facts
beyond
reasonable
doubt
connecticut
johnson
powell
dissenting
many
cases
predicate
facts
conclusively
establish
intent
rational
jury
find
defendant
committed
relevant
criminal
act
intend
cause
injury
event
erroneous
instruction
simply
superfluous
jury
found
winship
words
every
fact
necessary
establish
every
element
offense
beyond
reasonable
doubt
rose
supra
citations
omitted
also
observed
although
authority
make
determination
ordinarily
hence
remanded
case
lower
make
determination
first
instance
follow
course
reverse
judgment
california
without
deciding
whether
rational
jury
find
predicate
acts
fail
find
fact
presumed
accordingly
judgment
appellate
department
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
california
veh
code
ann
reads
whenever
person
leased
rented
vehicle
wilfully
intentionally
fails
return
vehicle
owner
within
five
days
lease
rental
agreement
expired
person
shall
presumed
embezzled
vehicle
california
penal
code
ann
reads
except
provided
section
vehicle
code
intent
commit
theft
fraud
presumed
one
leased
rented
personal
property
another
pursuant
written
contract
fails
return
personal
property
owner
within
days
owner
made
written
demand
certified
registered
mail
following
expiration
lease
rental
agreement
return
property
leased
rented
justice
scalia
justice
brennan
justice
marshall
justice
blackmun
join
concurring
judgment
agree
decision
must
reversed
sensible
permit
state
conduct
analysis
first
instance
write
separately
however
implicitly
acknowledged
quoting
passage
rose
clark
see
ante
made
explicit
analysis
applicable
assessing
mandatory
conclusive
presumption
wholly
unlike
typical
form
analysis
usual
case
harmlessness
determination
requires
consideration
trial
record
whole
hasting
order
decide
whether
fact
supported
improperly
admitted
evidence
event
overwhelmingly
established
evidence
see
milton
wainwright
harrington
california
expansive
inquiry
error
think
important
explain
describe
mode
analysis
appropriate
mere
citation
rose
inadequate
ends
since
reasons
shall
describe
infra
case
ambiguous
disapproved
use
mandatory
conclusive
presumptions
merely
conflict
overriding
presumption
innocence
law
endows
accused
sandstrom
montana
quoting
morissette
also
invade
factfinding
function
criminal
case
law
assigns
solely
jury
quoting
gypsum
constitutional
right
jury
trial
embodies
profound
judgment
way
law
enforced
justice
administered
duncan
louisiana
structural
guarantee
reflect
fundamental
decision
exercise
official
power
reluctance
entrust
plenary
powers
life
liberty
citizen
one
judge
group
judges
defendant
may
assuredly
insist
upon
observance
guarantee
even
evidence
overwhelming
establish
guilt
beyond
reasonable
doubt
found
constitutionally
impermissible
judge
direct
verdict
state
see
martin
linen
supply
also
carpenters
treat
harmless
jury
instruction
mistakenly
require
express
authorization
ratification
hold
union
criminally
liable
officers
participation
antitrust
conspiracy
regardless
overwhelming
evidence
authorization
ratification
fact
existed
said
matter
strong
evidence
may
association
organization
participation
agents
conspiracy
must
charge
jury
setting
correctly
limited
liability
act
stat
association
organization
acts
agents
judge
may
direct
verdict
guilty
matter
conclusive
evidence
way
knowing
whether
jury
verdict
based
facts
within
condemned
instructions
actual
authorization
ratification
acts
footnotes
omitted
principles
necessarily
circumscribe
availability
analysis
jury
instructed
apply
conclusive
presumption
judge
present
case
instructed
jury
apply
conclusive
presumption
carella
embezzled
rental
car
find
blue
eyes
lives
matter
purposes
assuring
carella
right
whether
record
contained
overwhelming
evidence
fact
embezzled
car
nothing
instruction
directed
jury
even
permitted
consider
apply
evidence
reaching
verdict
problem
cured
appellate
determination
record
evidence
unmistakably
established
guilt
represent
finding
fact
judges
jury
directed
verdict
error
case
wrong
entity
judged
defendant
guilty
rose
clark
supra
four
members
concluded
much
connecticut
johnson
plurality
opinion
considered
whether
harmless
error
instruct
jury
every
person
conclusively
presumed
intend
natural
necessary
consequences
act
justice
blackmun
wrote
plurality
erroneous
presumption
disputed
element
crime
renders
irrelevant
evidence
issue
jury
may
relied
upon
presumption
rather
upon
evidence
jury
may
failed
consider
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intent
reviewing
hold
error
contribute
verdict
fact
reviewing
may
view
evidence
intent
overwhelming
simply
irrelevant
allow
reviewing
perform
jury
function
evaluating
evidence
intent
jury
never
may
performed
function
give
much
weight
society
interest
punishing
guilty
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weight
method
decisions
guilt
made
footnotes
omitted
another
basis
finding
instruction
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explains
holding
two
terms
ago
pope
illinois
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carpenters
supra
convictions
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pope
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instructed
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community
standar
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whether
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magazines
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whole
lac
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omitted
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scalia
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california
jury
found
facts
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discuss
precedent
relies
exclusively
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clark
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ante
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cases
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facts
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find
defendant
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fact
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expansive
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sandstrom
montana
also
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see
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decline
reach
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claim
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