rose
clark
argued
march
decided
july
respondent
charged
murder
two
persons
arising
incident
trial
tennessee
state
defended
ground
inter
alia
either
insane
incapable
forming
requisite
intent
kill
victims
instructed
jury
murder
requires
proof
premeditation
deliberation
tennessee
law
murder
requires
proof
malice
planning
premeditation
instructed
jury
homicides
presumed
malicious
absence
evidence
rebut
implied
presumption
state
proven
beyond
reasonable
doubt
killing
occurred
presumed
killing
done
maliciously
jury
found
respondent
guilty
murder
one
victim
murder
tennessee
appeals
affirmed
rejecting
respondent
argument
malice
instruction
impermissibly
shifted
burden
proof
malice
respondent
sought
habeas
corpus
relief
federal
district
held
malice
instruction
unconstitutional
sandstrom
montana
wherein
held
jury
instruction
creating
presumption
malice
effect
either
eliminating
intent
issue
shifting
burden
proof
intent
defendant
violates
due
process
district
went
find
error
deemed
harmless
respondent
relied
upon
mens
rea
defense
appeals
affirmed
held
standard
chapman
california
reviewing
set
aside
otherwise
valid
conviction
may
confidently
say
whole
record
constitutional
error
question
harmless
beyond
reasonable
doubt
applies
erroneous
malice
instruction
case
respondent
opportunity
present
evidence
argue
support
innocence
tried
impartial
jury
supervised
impartial
judge
aside
malice
instruction
jury
clearly
instructed
find
respondent
guilty
beyond
reasonable
doubt
every
element
murder
context
erroneous
malice
instruction
compare
kinds
errors
automatically
require
reversal
otherwise
valid
conviction
error
instruction
impermissibly
shifting
burden
proof
malice
basic
fair
trial
never
harmless
purpose
behind
sandstrom
rule
ensuring
guilty
punished
supports
conclusion
sandstrom
error
equivalent
directed
verdict
state
since
jury
instructed
presume
malice
predicate
facts
still
must
find
existence
facts
beyond
reasonable
doubt
pp
although
authority
decide
whether
facts
particular
case
constitutional
error
harmless
chapman
standard
sparingly
accordingly
since
appeals
yet
applied
chapman
facts
case
case
remanded
determine
whether
error
question
harmless
beyond
reasonable
doubt
pp
powell
delivered
opinion
burger
white
rehnquist
joined
burger
filed
concurring
opinion
post
stevens
filed
opinion
concurring
judgment
post
blackmun
filed
dissenting
opinion
brennan
marshall
joined
post
michael
cody
attorney
general
tennessee
argued
cause
petitioner
briefs
jerry
smith
deputy
attorney
general
kymberly
lynn
anne
hattaway
assistant
attorney
general
paul
larkin
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
fried
assistant
attorney
general
trott
deputy
solicitor
general
frey
scott
daniel
argued
cause
filed
brief
respondent
john
van
de
kamp
attorney
general
california
steve
white
chief
assistant
attorney
general
ronald
niver
david
salmon
deputy
attorneys
general
filed
brief
state
california
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
american
civil
liberties
union
et
al
burt
neuborne
charles
sims
national
association
criminal
defense
lawyers
et
al
kim
robert
fawcett
stephen
saltzburg
justice
powell
delivered
opinion
case
presents
question
whether
standard
chapman
california
applies
jury
instructions
violate
principles
sandstrom
montana
francis
franklin
december
charles
browning
joy
faulk
shot
death
sat
browning
pickup
truck
remote
area
rutherford
county
tennessee
respondent
stanley
clark
faulk
former
boyfriend
charged
murders
evidence
introduced
trial
showed
browning
faulk
faulk
two
young
children
aged
driving
rutherford
county
night
murders
according
older
child
another
vehicle
followed
browning
truck
hour
browning
pulled
truck
private
driveway
apparently
let
vehicle
pass
driver
second
vehicle
pulled
behind
browning
thereby
blocking
exit
driver
left
vehicle
walked
cab
browning
truck
fired
four
shots
range
one
shot
struck
browning
head
two
others
struck
faulk
head
fourth
struck
faulk
left
shoulder
killer
left
scene
vehicle
browning
faulk
died
faulk
children
shot
went
help
telling
local
resident
clicker
nickname
children
knew
respondent
shot
browning
mother
earlier
night
police
seen
respondent
following
browning
truck
police
soon
located
respondent
apprehended
chase
police
found
murder
weapon
pistol
respondent
borrowed
friend
near
respondent
home
trial
state
relied
foregoing
evidence
evidence
showing
respondent
joy
faulk
stormy
love
affair
faulk
ended
fall
several
times
breakup
respondent
threatened
kill
faulk
ever
found
another
man
respondent
offered
two
lines
defense
first
contended
sam
faulk
joy
killed
victims
dispute
concerning
custody
two
faulk
children
state
rebutted
contention
introducing
evidence
dispute
existed
sam
faulk
elsewhere
murders
committed
second
respondent
argued
either
insane
incapable
forming
requisite
criminal
intent
support
argument
respondent
introduced
evidence
suffering
amnesia
remember
events
night
murders
addition
testimony
suggested
respondent
drinking
heavily
entire
day
murders
finally
two
defense
psychiatrists
testified
respondent
legally
insane
time
murders
committed
depression
concerning
recent
breakup
joy
faulk
made
impossible
conform
conduct
law
close
trial
instructed
jury
elements
murder
tennessee
law
murder
requires
proof
premeditation
deliberation
murder
requires
proof
malice
instructions
defined
malice
intent
injury
another
design
formed
mind
mischief
another
app
malice
require
proof
planning
premeditation
killing
upon
sudden
impulse
passion
sufficed
committed
intent
harm
another
charged
jury
homicides
presumed
malicious
absence
evidence
rebut
implied
presumption
thus
state
proven
beyond
reasonable
doubt
killing
occurred
presumed
killing
done
maliciously
presumption
may
rebutted
either
direct
circumstantial
evidence
regardless
whether
offered
defendant
exists
evidence
state
ibid
tennessee
criminal
appeals
affirmed
convictions
rejecting
respondent
argument
jury
instructions
impermissibly
shifted
burden
proof
malice
respondent
sought
habeas
corpus
relief
middle
district
tennessee
district
held
malice
instruction
violated
respondent
right
guilt
proved
beyond
reasonable
doubt
right
defined
sandstrom
montana
went
find
error
deemed
harmless
respondent
relied
upon
mens
rea
defense
contesting
guilt
supp
appeals
sixth
circuit
affirmed
agreed
malice
instruction
unconstitutional
sandstrom
turning
question
whether
error
harmless
reasoned
respondent
contested
malice
trial
erroneous
instruction
harmless
governing
precedent
app
pet
cert
citing
engle
koehler
aff
equally
divided
reached
conclusion
despite
substantial
evidence
petitioner
guilt
added
writing
clean
slate
direct
inquiry
suggested
justice
powell
dissenting
connecticut
johnson
inquiry
whether
evidence
dispositive
intent
reviewing
say
beyond
reasonable
doubt
jury
found
unnecessary
rely
presumption
question
case
might
able
respond
affirmative
app
pet
cert
ii
chapman
california
rejected
argument
errors
constitutional
dimension
necessarily
require
reversal
criminal
convictions
since
chapman
repeatedly
reaffirmed
principle
otherwise
valid
conviction
set
aside
reviewing
may
confidently
say
whole
record
constitutional
error
harmless
beyond
reasonable
doubt
delaware
van
arsdall
principle
applied
wide
variety
constitutional
errors
failure
permit
concerning
witness
bias
rushen
spain
per
curiam
denial
right
present
trial
hasting
improper
comment
defendant
failure
testify
moore
illinois
admission
witness
identification
obtained
violation
right
counsel
milton
wainwright
admission
confession
obtained
violation
right
counsel
chambers
maroney
admission
evidence
obtained
violation
fourth
amendment
see
also
hopper
evans
citing
chapman
finding
prejudice
trial
failure
give
lesser
included
offense
instruction
application
analysis
cases
reflected
denigration
constitutional
rights
involved
instead
emphasized
earlier
term
doctrine
recognizes
principle
central
purpose
criminal
trial
decide
factual
question
defendant
guilt
innocence
nobles
promotes
public
respect
criminal
process
focusing
underlying
fairness
trial
rather
virtually
inevitable
presence
immaterial
error
cf
traynor
riddle
harmless
error
reversal
error
regardless
effect
judgment
encourages
litigants
abuse
judicial
process
bestirs
public
ridicule
delaware
van
arsdall
supra
similarly
analysis
presumably
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jury
stated
trial
judge
prohibited
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judgment
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directing
jury
come
forward
verdict
regardless
overwhelmingly
evidence
may
point
direction
martin
linen
supply
citations
omitted
accord
carpenters
rule
stems
sixth
amendment
clear
command
afford
jury
trials
serious
criminal
cases
see
duncan
louisiana
right
altogether
denied
state
contend
deprivation
harmless
evidence
established
defendant
guilt
error
case
wrong
entity
judged
defendant
guilty
emphasized
however
errors
chapman
apply
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rule
hasting
supra
accordingly
defendant
counsel
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strong
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errors
may
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subject
analysis
thrust
many
constitutional
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trials
ensure
trials
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correct
judgments
reviewing
find
record
developed
trial
establishes
guilt
beyond
reasonable
doubt
interest
fairness
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judgment
affirmed
repeatedly
stated
constitution
entitles
criminal
defendant
fair
trial
perfect
one
delaware
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arsdall
hasting
applying
principles
case
difficult
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received
full
opportunity
put
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claim
innocence
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selected
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judge
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malice
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case
clearly
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find
respondent
guilty
beyond
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doubt
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element
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see
also
supra
placed
context
erroneous
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instruction
compare
kinds
errors
automatically
require
reversal
otherwise
valid
conviction
therefore
find
error
issue
instruction
impermissibly
shifted
burden
proof
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basic
fair
trial
never
harmless
cf
chapman
purpose
behind
rule
sandstrom
montana
supports
conclusion
sandstrom
logical
extension
holding
winship
prosecution
must
prove
every
fact
necessary
constitute
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defendant
charged
beyond
reasonable
doubt
see
sandstrom
francis
franklin
purpose
rule
ensure
guilty
criminally
punished
stated
last
term
francis
franklin
rule
protects
fundamental
value
determination
society
given
voice
justice
harlan
concurrence
winship
far
worse
convict
innocent
man
let
guilty
man
go
free
quoting
winship
supra
harlan
concurring
verdict
guilty
reached
case
sandstrom
error
committed
correct
beyond
reasonable
doubt
reversal
conviction
nothing
promote
interest
rule
serves
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
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act
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cause
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lamb
jernigan
cert
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jury
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winship
words
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fact
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beyond
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connecticut
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supra
powell
dissenting
jeffries
stephan
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proof
criminal
law
yale
one
doubts
trial
properly
instructed
jury
infer
malice
respondent
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see
francis
franklin
supra
ulster
county
allen
indeed
many
cases
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evidence
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exactly
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established
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deciding
case
enough
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cases
inference
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hopper
evans
neither
justice
purposes
sandstrom
rule
reverse
conviction
case
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hold
chapman
standard
applies
cases
one
iii
although
appeals
acknowledged
sandstrom
error
might
cases
harmless
analysis
issue
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chapman
concluded
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defendant
contests
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app
pet
cert
cases
turn
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defendant
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mandates
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constitutional
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question
whether
whole
record
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harmless
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see
also
chapman
efore
federal
constitutional
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able
declare
belief
harmless
beyond
reasonable
doubt
connecticut
johnson
powell
dissenting
cases
sandstrom
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inquiry
whether
evidence
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jury
found
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thus
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dispose
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decide
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standard
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whether
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case
harmless
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iv
judgment
appeals
vacated
case
remanded
proceedings
consistent
opinion
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footnotes
criminal
appeals
noted
almost
immediately
following
presumption
instruction
judge
charged
question
whether
alleged
killing
done
malice
determine
entire
case
look
facts
circumstances
developed
evidence
determine
whether
state
proven
beyond
reasonable
doubt
existence
malice
reasonable
doubt
whether
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killing
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defendant
guilty
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appeals
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pet
cert
sandstrom
held
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proof
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process
rule
winship
sandstrom
montana
sandstrom
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shortly
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supp
appeals
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thus
consider
whether
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sandstrom
francis
franklin
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chapman
cited
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payne
arkansas
use
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confession
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gideon
wainwright
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counsel
tumey
ohio
biased
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case
affect
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record
evaluation
whether
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cf
holloway
arkansas
consequently
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frady
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connecticut
johnson
powell
dissenting
cf
jackson
virginia
suggesting
failure
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brooks
kemp
kravitch
concurring
dissenting
emphasizing
juries
free
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conduct
hopper
evans
held
constitutionally
required
instruct
juries
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included
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warranted
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case
claimed
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hopper
suggests
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connecticut
johnson
powell
dissenting
follows
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asks
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blackmun
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determination
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progeny
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analysis
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unconstitutional
comment
defendant
silence
erroneous
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witness
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guilt
innocence
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logically
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yet
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delaware
van
arsdall
limitation
defendant
hasting
improper
comment
defendant
failure
testify
moore
illinois
admission
improperly
obtained
witness
identification
indeed
chapman
california
beginning
line
cases
applied
analysis
error
placed
improper
argument
jury
finding
comment
defendant
silence
harmful
see
also
hopper
evans
citing
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finding
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instructions
harmless
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ignored
dissent
strongly
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sandstrom
error
dissent
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jury
decision
convict
respondent
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count
premeditated
murder
aptly
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without
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respondent
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beyond
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ing
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purpose
app
trial
charge
defining
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determined
respondent
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premeditated
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charles
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theory
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proof
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might
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jury
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case
harmless
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remand
suggest
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two
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way
support
respondent
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sandstrom
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case
prejudicial
parties
disagree
scope
relevant
evidence
must
assessed
chapman
particular
petitioner
argues
evidence
amnesia
respondent
drunkenness
day
murders
insanity
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malice
respondent
disagrees
course
issues
tennessee
law
first
instance
need
resolve
express
view
whether
assuming
evidence
question
relevant
malice
error
case
nevertheless
harmless
beyond
reasonable
doubt
chief
justice
burger
concurring
join
opinion
although
see
need
remanding
application
analysis
evidence
case
showed
respondent
stalked
victims
car
hour
trapping
victims
truck
private
driveway
respondent
fired
four
shots
range
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