7-14-09 State v. Alonzo B. Hill (A-5-08)
Providing a Clawans charge in the circumstances of this case
constituted reversible error. The charge, which favored the
State on an element of its required proofs, had the inescapable
effect of undermining Alonzo Hill’s entitlement to benefit from
the presumption of innocence and to demand that the State bear
the burden of proving, beyond a reasonable doubt, all elements
of the charges against him.
Richard Sadowski
Assistant Editor
