Mullaney v. Wilbur

1974

Court: US Supreme Court

Facts: Wilbur kills Hebert in a fit of gay panic.

Posture: Convicted, appeal denied, other appeal affirmed, then denied... see timeline

Issue: Does Winship force a re-interpretation of Maine state murder statutes?

Holding: Yes, reversed.

Rule: Due process is about more than just guilt or innocence. Intent is an element, and it can't just be presumed.

Reasoning: History of murder law. Also, hypothesizing about how dangerous it would be if states could have implied elements.

Dicta: Concurring opinion: Rhenquist thinks he should have objected to the instructions at trial, but then again Winship hadn't been decided yet.