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Constitutional Law Keyed to Stone
Virginia v. Black
Citation:
538 U.S. 343 (2003)Facts
Virginia enacted a statute banning cross-burning with an intent to intimidate a person or group of people. The statute contained a provision stating that cross-burning shall be treated as prima facie evidence of intent to intimidate.
Barry Black led a KKK rally in Virginia, during which the group burned a 25 to 30 foot cross in an open field, between 300 and 350 yards from a road. About 40 to 50 cars passed the site. Black was charged with cross burning with the intent to intimidate, in violation of the state law. At trial, the jury was instructed that cross-burning was sufficient evidence from which to infer the required intent. The jury convicted Black.
Richard Elliott and Jonathan O’Mara attempted to burn a cross on the yard of Elliott’s new neighbor, James Jubilee, who was Black. O’Mara plead guilty. At Elliott’s trial, the court did not instruct the jury on the prima facie provision of the state cross-burning law. The jury convicted Elliott.
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