No. 21-8123

Terry Malone v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2022-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof controlled-substance criminal-procedure due-process fourteenth-amendment mandatory-presumption patterson-v-new-york rebuttable-presumption
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the superior court violate the due process clause of the fourteenth amendment and the dictates of this court in 'Patterson v. New York', 432 U.S. 197 (1977), by concluding the commonwealth maintained a rebuttable mandatory presumption of petitioner's guilt on the nonauthorization elements of the statutes, upon which petitioner was found guilty, that the commonwealth did not have to officially prove at trial beyond a reasonable doubt, until petitioner came forth with sufficient evidence to prove he was authorized under the statute to manufacture, possess with intent to deliver, or possess a controlled substance?

Question Presented (OCR Extract)

No question identified. : I. QUESTIDN(S) 8 OS : DID THE SUPERIOR COURT VIOLATE THE DUE PROCESS CLAUSE OF THE FOUR. TEENTH AMENDMENT (in its fullest context) AND THE DICTATES OF THIS COURT IN "PATTERSON V. NEW YORK", 432 U.S. 197 (1977), BY CONCLUD: ING THE COMMONWEALTH MAINTAINED A REBUTTABLE MANDATORY PRESUMPTION OF PETITIONER'S GUILT ON THE NONAUTHORIZATION ELEMENTS OF THE STAT. UTES, 35 AND (32), UPON WHICH PETITIONER =~ WAS FOUND GUILTY, THAT THE COMMONWEALTH DID NOT HAVE TO OFFICIALLY : PROVE AT TRIAL BEYOND A REASONABLE DOUBT, UNTIL PETITIONER CAME ; FORTH WITH SUFFICIENT EVIDENCE TO PROVE HE WAS AUTHORIZED UNDER THE STATUTE TO MANUFACTURE, POSSESS WITH INTENT TO DELIVER, OR POSSESS A CONTROLLED SUBSTANCE? ;

Docket Entries

2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-27
Waiver of right of respondent Pennsylvania to respond filed.
2021-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2022)

Attorneys

Pennsylvania
Kenneth William KelecicBerks County District Attorney's Office, Respondent
Terry Malone
Terry Dion Malone — Petitioner