Skip to content
Back to judgment

Citation network

Mcmillan Vs. Pennsylvania

Cites for this judgment

  • US Supreme Court
  • Jun 19, 1986

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

69 entries 6 linked 63 unlinked
Show
  1. Spencer Vs. Texas US Supreme Court · Jan 23, 1967
    Relied / Followed
  2. Addington Vs. Texas US Supreme Court · Apr 30, 1979
  3. Meachum Vs. Fano US Supreme Court · Jun 25, 1976
    Relied / Followed
  4. Mullaney Vs. Wilbur US Supreme Court · Jun 09, 1975
  5. Leland Vs. Oregon US Supreme Court · Jun 09, 1952
  6. Speiser Vs. Randall US Supreme Court · Jun 30, 1958
  7. U.S. 79 (1986) U.S. Supreme Court McMillan v. Pennsylvania
    Search
  8. U.S. 79 (1986) McMillan v. Pennsylvania
    Search
  9. and thus must be proved beyond a reasonable doubt under In re Winship, 397 U. S. 358 , and Mullaney v. Wilbur
    Search
  10. an element of a particular offense that must be proved beyond a reasonable doubt. This case is controlled by Patterson v. New
    Search
  11. imposed and neither alters the maximum sentence nor creates a separate offense calling for a separate penalty. Specht v. Patterson
    Search
  12. court consolidated the appeals and unanimously concluded that the Act is consistent with due process. Commonwealth v. Wright
    Search
  13. and thus must be proved beyond a reasonable doubt under In re Winship, 397 U. S. 358 (1970), and Mullaney v. Wilbur
    Search
  14. in question, 508 Pa. at 34, 494 A.2d at 359, quoting Patterson v. New
    Search
  15. claim as well, holding that the preponderance standard satisfies due process under the approach set out in Addington v. Texas
    Search
  16. U.S. at 397 U. S. 364 . In Mullaney v. Wilbur
    Search
  17. preventing and dealing with crime is much more the business of the States than it is of the Federal Government, Irvine v. California
    Search
  18. principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.' Speiser v. Randall
    Search
  19. within the province of a legislature to declare an individual guilty or presumptively guilty of a crime.' McFarland v. American
    Search
  20. Tot v. United
    Search
  21. S. at 432 U. S. 210 . Here, of course, the Act creates no presumptions of the sort condemned in McFarland v. American
    Search
  22. U. S. 79 (1916) (presumption from price sugar refiner paid for sugar that refiner was party to a monopoly), or Tot v. United
    Search
  23. but it does not. Petitioners contend that this Court's decision in Specht v. Patterson
    Search
  24. Spaziano v. Florida
    Search
  25. courts have traditionally heard evidence and found facts without any prescribed burden of proof at all. See Williams v. New
    Search
  26. have consistently approved sentencing schemes that mandate consideration of facts related to the crime, e.g., Proffitt v. Florida
    Search
  27. See United States v. Davis
    Search
  28. no Sixth Amendment right to jury sentencing, even where the sentence turns on specific findings of fact. See Spaziano v. Florida
    Search
  29. State v. Gantt
    Search
  30. State v. Mullins
    Search
  31. U. S. 418 (1979), and Santosky v. Kramer
    Search
  32. lighten the constitutional burden of the prosecution with respect to the elements of the crime. See Patterson v. New
    Search
  33. how mitigating facts should be analyzed under Winship. This issue will be aired when the Court considers Martin v. Ohio
    Search
  34. visible possession of a firearm is conduct that the Pennsylvania General Assembly intended to prohibit, Commonwealth v. Wright
    Search
  35. Patterson v. New
    Search
  36. elementary' principle whose 'enforcement lies at the foundation of the administration of our criminal law.' Coffin v. United
    Search
  37. See ante at 477 U. S. 85 (quoting Patterson v. New
    Search
  38. it must prove beyond a reasonable doubt at trial. Indeed, contrary to the supposition of the majority, Patterson v. New
    Search
  39. of a firearm whether attention is focused on the stigmatizing or punitive consequences of that finding. See Mullaney v. Wilbur
    Search
  40. U.S. at 432 U. S. 210 , citing Tot v. United
    Search
  41. It was on the basis of these cases that Patterson distinguished the Maine statute struck down in Mullaney v. Wilbur
    Search
  42. conceded that the federal enactment in Tot proscribed only receipt of firearms in interstate commerce. See Tot v. United
    Search
  43. U.S. at 432 U. S. 215 (emphasis added). Cf. United States v. Romano
    Search
  44. violence, in neither case did the legislature do so. This explanation, although not entirely satisfactory, see State v. Lafferty
    Search
  45. is consistent with the Maine Supreme Court's explanation on direct appeal that state law presumed malice. See State v. Wilbur
    Search
  46. U.S. at 421 U. S. 698 . Accord, Specht v. Patterson
    Search
  47. Note, The Constitutionality of Affirmative Defenses after Patterson v. New
    Search
  48. Jackson v. Virginia
    Search
  49. U.S. Supreme Court McMillan v. Pennsylvania
    Search
  50. and Mullaney v. Wilbur
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial