defendant to prove defense (Indiana) · Go Syfert
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defendant to prove defense in Indiana

5 Indiana opinions name it 2 courts 1915–2005 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Indiana.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Medina v. California green
scotus · 1992
2 sentences

2005In Medina v. California, 505 U.S. 437 , 112 S.Ct. 2572 , 120 L.Ed.2d 353 (1992), the Supreme Court relied on Patterson in sustaining a state burden of proof rule as to incompetency to stand trial.

2005In Medina v. California, 505 U.S. 437 , 112 S.Ct. 2572 , 120 L.Ed.2d 353 (1992), the Supreme Court relied on Patterson in sustaining a state burden of proof rule as to incompetency to stand trial.

12005–2005
Hall v. State green
ind · 1991
2 sentences

1994That the intoxication instruction given in Petitioner Huffman's case constitutes fundamental error, as defined in Hall v. State (1991), Ind., 574 N.E.2d 287 , in that a reasonable juror could conclude that the instruction calls for the Defendant to prove the defense beyond a reasonable doubt and calls for proof of specific facts. ..... 11.

1994That the intoxication instruction given in Petitioner Huffman's case constitutes fundamental error, as defined in Hall v. State (1991), Ind., 574 N.E.2d 287 , in that a reasonable juror could conclude that the instruction calls for the Defendant to prove the defense beyond a reasonable doubt and calls for proof of specific facts. [[Image here]] 11.

11994–1994
Fowler v. State green
ind · 1988
2 sentences

1991In Fowler v. State (1988), Ind., 526 N.E.2d 1181 , and Powers v. State (1989), Ind., 540 N.E.2d 1225 , relied upon by appellant, this Court held that an intoxication defense instruction which placed the burden upon the defendant to prove the defense of intoxication beyond a reasonable doubt was an erroneous statement of the law in that it shifted the burden of proof upon an element of the crime, i.e., intent, to the defendant.

1991In Fowler v. State (1988), Ind., 526 N.E.2d 1181 , and Powers v. State (1989), Ind., 540 N.E.2d 1225 , relied upon by appellant, this Court held that an intoxication defense instruction which placed the burden upon the defendant to prove the defense of intoxication beyond a reasonable doubt was an erroneous statement of the law in that it shifted the burden of proof upon an element of the crime, i.e., intent, to the defendant.

11991–1991
Powers v. State green
ind · 1989
2 sentences

1991In Fowler v. State (1988), Ind., 526 N.E.2d 1181 , and Powers v. State (1989), Ind., 540 N.E.2d 1225 , relied upon by appellant, this Court held that an intoxication defense instruction which placed the burden upon the defendant to prove the defense of intoxication beyond a reasonable doubt was an erroneous statement of the law in that it shifted the burden of proof upon an element of the crime, i.e., intent, to the defendant.

1991In Fowler v. State (1988), Ind., 526 N.E.2d 1181 , and Powers v. State (1989), Ind., 540 N.E.2d 1225 , relied upon by appellant, this Court held that an intoxication defense instruction which placed the burden upon the defendant to prove the defense of intoxication beyond a reasonable doubt was an erroneous statement of the law in that it shifted the burden of proof upon an element of the crime, i.e., intent, to the defendant.

11991–1991
Leland v. Oregon green
scotus · 1952
2 sentences

1981Patterson v. New York (1977) 432 U.S. 197 , 97 S.Ct. 2319 , 53 L.Ed.2d 281 ; Leland v. Oregon, (1952) 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 .

1981Patterson v. New York (1977) 432 U.S. 197 , 97 S.Ct. 2319 , 53 L.Ed.2d 281 ; Leland v. Oregon, (1952) 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 .

11981–1981
Patterson v. New York green
scotus · 1977
2 sentences

1981Patterson v. New York (1977) 432 U.S. 197 , 97 S.Ct. 2319 , 53 L.Ed.2d 281 ; Leland v. Oregon, (1952) 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 .

1981Patterson v. New York (1977) 432 U.S. 197 , 97 S.Ct. 2319 , 53 L.Ed.2d 281 ; Leland v. Oregon, (1952) 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 .

11981–1981
Hill v. Ward green
indctapp · 1910
2 sentences

1915Hill v. Ward (1910), 45 Ind. App. 458, 460 , 91 N. E. 38 .

1915Hill v. Ward (1910), 45 Ind. App. 458, 460 , 91 N. E. 38 .

11915–1915

Where else courts name it

PA 29 (1941–2025) TX 22 (1912–2017) LA 16 (1986–2021) WA 14 (1967–2021) CA 13 (1946–2025) TN 13 (1999–2026) GA 8 (1922–2001) IL 6 (1940–2025) NC 6 (1896–1985) NE 6 (1897–2016) MD 5 (1981–2005) CT 5 (1996–2018) IN 5 (1915–2005) MO 4 (1953–2023) NY 4 (1915–1999) MS 4 (2002–2014) FL 4 (1980–2019) OH 3 (1962–1999) IA 3 (1891–1957) ID 3 (1988–1999) ND 3 (1896–2022) KS 3 (1972–2026) OR 3 (1922–2001) AZ 3 (1971–2018) OK 3 (1897–1964) MN 3 (1981–2009) WV 3 (1941–1990) MI 2 (2023–2023) MA 2 (2011–2026) HI 2 (2001–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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