State must disprove defense (Kansas) · Go Syfert
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State must disprove defense in Kansas

5 Kansas opinions name it 2 courts 2018–2024 2 in the last five years

The cases below were cited by Kansas 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 Kansas.

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
State v. Staten green
kan · 2016
2 sentences

2020Since those cases had 18 been decided, the Legislature had, in K.S.A. 2019 Supp. 21-5108, "codified the caselaw requirement that, once a defendant properly asserts a self-defense affirmative defense, the State must disprove that defense beyond a reasonable doubt." Staten, 304 Kan. at 965 .

2018Once the defendant satisfies the burden of producing such evidence, the state has the burden of disproving the defense beyond a reasonable doubt." In State v. Staten , 304 Kan. 957 , 965, 377 P.3d 427 (2016), we identified the defense theory of self-defense as an affirmative defense and recognized that K.S.A. 2017 Supp. 21-5108(c)"codified the caselaw requirement that, once a defendant properly asserts a self-defense affirmative defense, the State must disprove that defense beyond a reasonable doubt.

42018–2024
State v. Haygood green
kan · 2018
1 sentence

2019Self-defense is an affirmative defense, but once a defendant properly asserts it " 'the State must disprove that defense beyond a reasonable doubt.' " Haygood , 308 Kan. at 1406, 430 P.3d 11 .

12019–2019

Statutes the citing opinions construe

KS § K.S.A. § 21-5108 (4) KS § K.S.A. § 21-5222 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 19 (1984–2026) IL 9 (1989–2015) NV 5 (1984–2018) FL 5 (2010–2017) KS 5 (2018–2024) CT 4 (1995–2026) GA 4 (1997–2017) IN 4 (2010–2017) UT 2 (2019–2021) WI 2 (1989–2005) WA 2 (2016–2020) OR 2 (1980–1997)

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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