mullaney
wilbur
argued
january
decided
june
state
maine
requires
defendant
charged
murder
upon
conviction
carries
mandatory
sentence
life
imprisonment
prove
acted
heat
passion
sudden
provocation
order
reduce
homicide
manslaughter
case
punishment
fine
imprisonment
exceeding
years
held
maine
rule
comport
requirement
due
process
clause
fourteenth
amendment
prosecution
must
prove
beyond
reasonable
doubt
every
fact
necessary
constitute
crime
charged
winship
satisfy
requirement
prosecution
homicide
case
maine
must
prove
beyond
reasonable
doubt
absence
heat
passion
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provocation
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properly
presented
pp
affirmed
powell
delivered
opinion
unanimous
rehnquist
filed
concurring
opinion
burger
joined
post
vernon
arey
assistant
attorney
general
maine
argued
cause
petitioners
brief
jon
lund
attorney
general
richard
cohen
deputy
attorney
general
charles
leadbetter
assistant
attorney
general
peter
rubin
appointment
argued
cause
filed
brief
respondent
justice
powell
delivered
opinion
state
maine
requires
defendant
charged
murder
prove
acted
heat
passion
sudden
provocation
order
reduce
homicide
manslaughter
must
decide
whether
rule
comports
due
process
requirement
defined
winship
prosecution
prove
beyond
reasonable
doubt
every
fact
necessary
constitute
crime
charged
june
jury
found
respondent
stillman
wilbur
guilty
murder
case
rested
pretrial
statement
circumstantial
evidence
showing
fatally
assaulted
claude
hebert
latter
hotel
room
respondent
statement
introduced
prosecution
claimed
attacked
hebert
frenzy
provoked
hebert
homosexual
advance
defense
offered
evidence
argued
homicide
unlawful
since
respondent
lacked
criminal
intent
alternatively
wilbur
counsel
asserted
homicide
manslaughter
rather
murder
since
occurred
heat
passion
provoked
homosexual
assault
trial
instructed
jury
maine
law
recognizes
two
kinds
homicide
murder
manslaughter
offenses
subdivided
different
degrees
common
elements
homicide
unlawful
neither
justifiable
excusable
intentional
prosecution
required
prove
elements
proof
beyond
reasonable
doubt
proved
jury
consider
distinction
murder
manslaughter
view
evidence
trial
drew
particular
attention
difference
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manslaughter
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statutory
definitions
offenses
charged
malice
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essential
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crime
murder
app
without
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manslaughter
jury
instructed
however
prosecution
established
homicide
intentional
unlawful
malice
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heat
passion
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law
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therefore
decision
winship
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beyond
reasonable
doubt
maine
judicial
rejected
contention
holding
maine
murder
manslaughter
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crimes
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single
generic
offense
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state
wilbur
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century
repeatedly
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prosecution
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malice
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require
defendant
prove
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heat
passion
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provocation
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reduce
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respect
winship
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respondent
trial
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application
winship
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factor
heat
passion
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respondent
next
successfully
petitioned
writ
habeas
corpus
federal
district
wilbur
robbins
supp
district
ruled
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district
concluded
winship
requires
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prove
malice
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beyond
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malice
requires
defendant
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heat
passion
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circuit
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district
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construction
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law
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state
must
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laws
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process
federal
matter
appeals
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winship
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prove
fact
beyond
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following
decision
maine
judicial
decided
case
state
lafferty
sharply
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first
circuit
view
entitled
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determination
maine
law
maine
also
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earlier
opinion
murder
manslaughter
punishment
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offense
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homicide
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prosecution
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felonious
homicide
burden
shifts
defendant
prove
acted
heat
passion
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receive
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lafferty
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appeals
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principles
enunciated
winship
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establish
murder
prosecution
must
prove
beyond
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doubt
defendant
act
heat
passion
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affirm
ii
reject
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maine
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winship
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state
courts
ultimate
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state
law
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murdock
city
memphis
wall
winters
new
york
bound
constructions
except
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circumstances
present
accordingly
accept
binding
maine
judicial
construction
state
homicide
law
iii
maine
law
homicide
bears
case
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succinctly
absent
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homicide
punished
murder
life
imprisonment
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defendant
proves
fair
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heat
passion
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punished
manslaughter
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whether
maine
rule
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defendant
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passion
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use
capital
punishment
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person
able
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person
committed
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instead
received
sentence
thumb
branded
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century
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malice
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homicides
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manslaughter
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arises
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passions
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wickedness
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blackstone
commentaries
malice
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element
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crimes
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law
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proof
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homicide
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king
oneby
eng
held
prosecution
proved
accused
committed
homicide
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upon
prisoner
make
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justification
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blackstone
commentaries
see
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remained
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heat
passion
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state
rollins
see
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perkins
malice
aforethought
yale
landmark
case
commonwealth
york
mass
chief
justice
shaw
massachusetts
judicial
held
defendant
required
negate
malice
aforethought
proving
preponderance
evidence
acted
heat
passion
initially
york
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maine
well
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jurisdictions
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question
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procedure
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approach
articulated
york
davis
past
half
century
large
majority
abandoned
york
require
prosecution
prove
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heat
passion
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doubt
see
lafave
scott
handbook
criminal
law
historical
review
establishes
two
important
points
first
fact
issue
presence
absence
heat
passion
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provocation
almost
inception
common
law
homicide
single
important
factor
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degree
culpability
attaching
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clear
trend
toward
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fact
see
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prison
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state
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law
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arkansas
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proof
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justice
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hold
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lafferty
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city
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law
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city
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state
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statute
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defendants
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