In United States v. Lewis, CAAF examined questions trial counsel asked of a defense expert witness as well as trial counsel’s closing argument, asking if either shifted the burden of proof to the accused.  Under the circumstances of the case, which included expansive assertions from defense counsel that he would prove–and then that he had proven–that the accused was not guilty, CAAF found that trial counsel’s questions and arguments did not impermissably shift the burden of proof.

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