Can an instruction in a medical malpractice case change the burden of proof to a jury by allowing for a more "permissive inference"?
California, United States of America
The following excerpt is from People v. Rivas, F071220 (Cal. App. 2017):
Consequently, the instruction does not violate due process. (People v. Gamble (1994) 22 Cal.App.4th 446, 454-455 [permissive inference does not shift burden of proof and violate due process unless the suggested inference is not one that reason and common sense justify in light of the proven facts before the jury].)
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