liquors, they should return a verdict of “not guilty.” at 207-208, 211. A subsequent unanimous Pennsylvania DiFrancesco Supreme Court in 2000 with seven altogether different individual justices specifically endorses suggested jury charge. DiFrancesco’s MacPherson at 392. A Tenth Circuit panel also addresses a claim of improper jury instructions for a permissive presumption in United States v. Cota-Meza, 367 F.3d 1218, 1222-1223 (10th Cir. 2004), noting a instruction “better would have stressed that the jury was permitted to draw the inference only if in light of all of the other evidence, [the predicate facts] convinced the jury beyond a reasonable doubt [of the presumed elemental In 2013, a different Tenth Circuit three judge appellate fact].” court cites and their agreement with the exact Morissette “reiterated” same instruction suggested by their colleagues in at Cota-Meza. Berry 832. These four opinions together with span 61 years of Morissette jurisprudential thinking. All twenty-seven of these distinguished jurists
liquors, they should return a verdict of “not guilty.” DiFrancesco at 207-208, 211. A subsequent unanimous Pennsylvania Supreme Court in 2000 with seven altogether different individual justices specifically endorses DiFrancesco’s suggested jury charge. MacPherson at 392. A Tenth Circuit panel also addresses a claim of improper jury instructions for a permissive presumption in United States v. Cota-Meza, 367 F.3d 1218, 1222-1223 (10th Cir. 2004), noting a “better instruction would have stressed that the jury was permitted to draw the inference only if in light of all of the other evidence, [the predicate facts] convinced the jury beyond a reasonable doubt [of the presumed elemental fact].” In 2013, a different Tenth Circuit three judge appellate court cites Morissette and “reiterated” their agreement with the exact same instruction suggested by their colleagues in Cota-Meza. Berry at 832. These four opinions together with Morissette span 61 years of jurisprudential thinking. All twenty-seven of these distinguished jurists
Eutsler_presumptions_July-30-2015.docx