Henry Jo Ward v. West Virginia
FifthAmendment DueProcess JusticiabilityDoctri
Does the Due Process Clause of the Fourteenth Amendment prohibit this presumption of facts against an accused?
QUESTIONS PRESENTED The West Virginia Supreme Court interpreted a statute to create an unconstitutional evidentiary presumption. Specifically, the West Virginia Supreme Court ruled that officers “act in their lawful and official capacity twenty-four hours a day” and created a burden shift for critical elements of the crime outlined in West Virginia Code § 61-2-10b(b). This ruling eliminates the requirement for the State to prove, beyond a reasonable doubt, that an officer is acting in an official capacity. Does the Due Process Clause of the Fourteenth Amendment prohibit this presumption of facts against an accused? i