RIVERA v. DELAWARE, 429 U.S. 877 (1976)
U.S. Supreme Court
RIVERA v. DELAWARE , 429 U.S. 877 (1976)429 U.S. 877
Carmen Nereida RIVERA
v.
State of DELAWARE
No. 75-6583
Supreme Court of the United States
October 12, 1976
The appeal is dismissed for want of a substantial federal question.
Mr. Justice BRENNAN, with whom Mr. Justice MARSHALL joins, dissenting.
Appellant was convicted by a jury of murder in the second degree in Delaware Superior Court. The Delaware Supreme Court reversed and remanded with instructions to strike the murder conviction but enter a judgment of conviction for manslaughter; the constitutionality of a Delaware statute that requires a criminal defendant raising an insanity defense to prove mental illness or defect by a preponderance of the evidence was sustained. The relevant sections of the Delaware Code provide:
"(2) If the defendant prevails in establishing the affirmative defense provided in subsection (1) of this section, the trier of facts shall return a verdict of 'not guilty by reason of insanity.'
The Delaware Supreme Court held that Leland v. Oregon, 343 U.S. 790 (1952), required its conclusion, because Leland "has not been overruled by Mullaney (v. Wilbur, 421 U.S. 684, 95 S. Ct. 1881 (1975)), . . . either expressly or implicitly." 351 A.2d 561, 562 (1976). Because I believe this case presents the substantial federal question whether Leland can be reconciled with our recent holdings in In re Winship, 397 U.S. 358 (1970), and Mullaney v. Wilbur, supra, I would note probable jurisdiction and set the case for oral argument.
Mr. Justice STEVENS would note probable jurisdiction and set the case for oral argument.
In Mullaney, we considered a Maine rule that placed upon a
criminal defendant charged with murder the burden of proving by a
preponderance of the evidence that he had acted in the heat of
passion on sudden impulse in order to reduce the homicide to
manslaughter. We concluded that this rule did not comport with the
due process requirement, as defined in In re Winship, 397 U.S., at
361-364, that the prosecution must prove beyond a reasonable doubt
every fact necessary to constitute the crime charged. In reaching
this conclusion, my Brother Powell's opinion for the Court pointed
out that, in 1895, this Court considered and conclusively rejected
the practice, accepted in several jurisdictions, of requiring the
defendant to negate the presumption that he acted with malice
aforethought. 421 U.S., at 694-696. Davis v. United States,
160 U.S. 469
(1895), the [429 U.S.
877 , 879]
U.S. Supreme Court
RIVERA v. DELAWARE , 429 U.S. 877 (1976) 429 U.S. 877 Carmen Nereida RIVERAv.
State of DELAWARE
No. 75-6583 Supreme Court of the United States October 12, 1976 The appeal is dismissed for want of a substantial federal question. Mr. Justice BRENNAN, with whom Mr. Justice MARSHALL joins, dissenting. Appellant was convicted by a jury of murder in the second degree in Delaware Superior Court. The Delaware Supreme Court reversed and remanded with instructions to strike the murder conviction but enter a judgment of conviction for manslaughter; the constitutionality of a Delaware statute that requires a criminal defendant raising an insanity defense to prove mental illness or defect by a preponderance of the evidence was sustained. The relevant sections of the Delaware Code provide: