Jury Instructions—Due Process Challenges

Jury instructions that impermissibly shift the burden of proof to the defendant may constitute a violation of due process.  State v. McCaslin, 2004 MT 212, ¶ 24, 322 Mont. 350, 96 P.3d 722.  Because the issue of whether a defendant's due process rights were violated is a question of law, we review the district court's conclusion to determine whether its interpretation of the law was correct.  McCaslin, ¶ 14.