discussed Cited "see, e.g." White v. Ollison The Sixth and Fourteenth Amendments “require criminal convictions to rest upon a jury determination that the defendant is guilty of the crime with which he is charged, beyond a reasonable doubt[,]” United States v. Gaudin, 515 U.S. 506, 509-10 , 115 S.Ct. 2310, 2313 , 132 L.Ed.2d 444 (1995); see also In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368 (1970) (“[T]he Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.”), and “[j]ury instructi…

discussed Cited "see, e.g." Fonseca v. Hall “Jury instructions relieving States of this burden violate a defendant’s due process rights.” Carella v. California, 491 U.S. 263, 265 , 109 S.Ct. 2419, 2420 , 105 L.Ed.2d 218 (1989) (per curiam); Francis v. Franklin, 471 U.S. 307, 326 , 105 S.Ct. 1965, 1977 , 85 L.Ed.2d 344 (1985); see also Evanchyk v. Stewart, 340 F.3d 933, 939 (9th Cir.2003) (“It is a violation of due process for a jury instruction to omit an element of the crime.”), cert. denied, 541 U.S. 1067 , 124 S.Ct. 2399 , 158 L.Ed.2d 971 (2004); Ho v. Carey, 332 F.3d 587, 592 (9th Cir.2003) (“When a jury instruction omit…