In subsequent cases, Justice Marshall argued that the language of the statute impermissibly shifted the risk of nonpersuasion even though the Maryland Court of Appeals by then had held that the statute does not impose the burden of proof on the defendant. Calhoun v. Maryland, ___ U.S. ___, 107 S.Ct. 1339, 94 L.Ed.2d 528 (1987) (Marshall, J., dissenting from denial of cert.); Huffington v. Maryland, ___ U.S. ___, 106 S.Ct. 3315, 92 L.Ed.2d 745 (1986) (Marshall, J., dissenting from denial of cert.). In Gacy v. Illinois, Justice Marshall argued that a statute which "impos[ed] on the defendant the burden of adducing mitigating evidence 'sufficient' to 'preclude imposition' of the death penalty" unconstitutionally "plac[ed] on the defendant the burden of proving that death is not appropriate in his particular case."