United States v. JT Myore
Split Score
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Case Summary
Disposition
Affirmed
The Eighth Circuit affirmed JT Myore’s convictions for carjacking, brandishing a firearm during a crime of violence, robbery, and second-degree murder, as well as his 540-month aggregate sentence. The court held that sufficient evidence supported the August 2019 carjacking and firearm counts, that the district court properly considered acquitted conduct and applied an obstruction-of-justice enhancement at sentencing, and that the jury instructions on second-degree murder and voluntary manslaughter did not plainly shift the burden of proof.
Circuit Split Identified
Legal Issue
Whether, in a federal murder prosecution, the government must prove beyond a reasonable doubt the absence of 'heat of passion' once that issue is raised, or whether heat-of-passion is an affirmative defense on which the defendant bears the burden.
Circuit Positions
Government must prove absence of heat of passion beyond a reasonable doubt once the defense is raised.
Heat of passion is not an element-negating defense; the government need not disprove it beyond a reasonable doubt.
Conflict Summary
The Ninth and Tenth Circuits hold that once a defendant produces evidence of heat of passion, the jury must be instructed that the government bears the burden to prove the absence of heat of passion beyond a reasonable doubt in order to obtain a murder conviction. The Seventh Circuit has indicated that heat of passion is not a true defense that negates malice aforethought and therefore the government need not bear that burden; the burden may remain on the defendant or the matter need not be charged at all.