burden of disproving defense (Pennsylvania) · Go Syfert
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burden of disproving defense in Pennsylvania

30 Pennsylvania opinions name it 3 courts 1911–2026 12 in the last five years

The cases below were cited by Pennsylvania 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 (17)

CaseFollowedCited
Commonwealth v. Smithgreen
pasuperct · 2014 · cited in 6 Pennsylvania opinions naming this issue, 2016–2023
2 sentences

2023Commonwealth v. Smith, 97 A.3d 782 , 787 ____________________________________________ 2 To prove REAP, the Commonwealth must establish Robles “recklessly engage[d] in conduct which places or may place another person in danger of death or serious bodily injury.” 18 Pa.C.S.A. § 2705.

2016When the defendant claims that he acted in self-defense, the Commonwealth bears the burden of disproving the defense beyond a reasonable doubt. 18 Pa.C.S. § 505; Commonwealth v. Smith, 97 A.2d 782, 787 (Pa.Super.2014).

56
Commonwealth v. Mouzongreen
pa · 2012 · cited in 4 Pennsylvania opinions naming this issue, 2015–2021
2 sentences

2021Commonwealth v. Mouzon, 53 A.3d 738, 740-41 (Pa. 2012).

2017See Commonwealth v. Mouzon, 53 A.3d 738, 752 (Pa. 2012). -6- J-A32016-16 With regard to a claim of self-defense, the Commonwealth bears the burden of disproving that defense beyond a reasonable doubt.

34
Commonwealth v. Housergreen
pa · 2011 · cited in 3 Pennsylvania opinions naming this issue, 2020–2026
2 sentences

2026See Commonwealth v. Houser, 18 A.3d 1128, 1135 (Pa. 2011).

2020Where a defendant has invoked self-defense as justification for his conduct, the Commonwealtli bears the burden of disproving this defense beyond a reasonable doubt. i Commonwealth v. Torres, 766 A.2d 342 ( Pa. 2001); see also Co nmonwealth v. Houser, 18 A. 3d 1128 ( Pa. 2011).

33
Commonwealth v. Sepulvedagreen
pa · 2012 · cited in 3 Pennsylvania opinions naming this issue, 2022–2024
2 sentences

2024Commonwealth v. Sepulveda, 55 A.3d 1108, 1124 (Pa. 2012).

2023Commonwealth v. Sepulveda, 618 Pa. 262 , 55 A.3d 1108, 1124 (Pa. 2012).

33
Commonwealth v. Riveragreen
pa · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017See Commonwealth v. Rivera, 983 A.2d 1211, 1221 (Pa. 2009).

2017See Commonwealth v. Rivera, 983 A.2d 1211, 1221 (Pa. 2009).

22
Commonwealth v. Torresgreen
pa · 2001 · cited in 4 Pennsylvania opinions naming this issue, 2005–2020
2 sentences

2020Where a defendant has invoked self-defense as justification for his conduct, the Commonwealtli bears the burden of disproving this defense beyond a reasonable doubt. i Commonwealth v. Torres, 766 A.2d 342 ( Pa. 2001); see also Co nmonwealth v. Houser, 18 A. 3d 1128 ( Pa. 2011).

2005I, §9.505.) (See also, Commonwealth v. Samuel, 527 Pa. 298, 303 , 590 A.2d 1245, 1247 (1991); Commonwealth v. Upsher, 497 Pa. 621, 624 , 444 A.2d 90, 91 (1982); and Commonwealth v. Torres, 564 Pa. 219 , 766 A.2d 342 (2001).) “Because the Commonwealth has the burden of disproving the defense of justification, you may find the defendant guilty only if you are satisfied beyond a reasonable doubt that (s)he did not reasonably believe that the use of deadly force was then and there necessary to protect herself against (death) (serious bodily injury) (kidnapping) (sexual intercourse compelled by for

14
Commonwealth v. Bullockgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Commonwealth v. Bullock, 948 A.2d 818, 824 (Pa. Super. 2008).

11
Com. v. Knox, L.green
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Commonwealth v. Knox, 219 A.3d 186, 196 (Pa.Super. 2019).

11
Commonwealth v. Gonzalezgreen
pasuperct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Commonwealth v. Gonzales, 608 A.2d 528, 531 (Pa. Super. 1992).

11
Commonwealth v. Son Truonggreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Commonwealth v. Sepulveda, 55 A.3d 1108, 1124 (Pa. 2012); see also Commonwealth v. Truong, 36 A.3d 592, 599 (Pa. Super. 2012) (en banc) (Commonwealth may negate self-defense claim by proving defendant “used more force than reasonably necessary to protect against death or serious bodily injury.”).

11
Commonwealth v. Beasleygreen
pa · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010See Commonwealth v. Christy, 540 Pa. 192, 211 , 656 A.2d 877, 886 (1995) (observing that when the defendant raises diminished capacity defense to first-degree murder, the Commonwealth bears the burden of disproving the defense beyond a reasonable doubt); see also Commonwealth v. Beasley, 544 Pa. 554, 574 , 678 A.2d 773, 783 (1996). 4 Although Appellant presented substantial expert evidence concerning his alleged inability to form a specific intent or to remember the murder, the jury was not required to place determinative weight upon those proofs; rather, it “was *153 free to believe all, part

2010See Commonwealth v. Christy, 540 Pa. 192, 211 , 656 A.2d 877, 886 (1995) (observing that when the defendant raises diminished capacity defense to first-degree murder, the Commonwealth bears the burden of disproving the defense beyond a reasonable doubt); see also Commonwealth v. Beasley, 544 Pa. 554, 574 , 678 A.2d 773, 783 (1996). 4 Although Appellant presented substantial expert evidence concerning his alleged inability to form a specific intent or to remember the murder, the jury was not required to place determinative weight upon those proofs; rather, it “was *153 free to believe all, part

11
Commonwealth v. Vandivnergreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010See Commonwealth v. Christy, 540 Pa. 192, 211 , 656 A.2d 877, 886 (1995) (observing that when the defendant raises diminished capacity defense to first-degree murder, the Commonwealth bears the burden of disproving the defense beyond a reasonable doubt); see also Commonwealth v. Beasley, 544 Pa. 554, 574 , 678 A.2d 773, 783 (1996). 4 Although Appellant presented substantial expert evidence concerning his alleged inability to form a specific intent or to remember the murder, the jury was not required to place determinative weight upon those proofs; rather, it “was *153 free to believe all, part

2010See Commonwealth v. Christy, 540 Pa. 192, 211 , 656 A.2d 877, 886 (1995) (observing that when the defendant raises diminished capacity defense to first-degree murder, the Commonwealth bears the burden of disproving the defense beyond a reasonable doubt); see also Commonwealth v. Beasley, 544 Pa. 554, 574 , 678 A.2d 773, 783 (1996). 4 Although Appellant presented substantial expert evidence concerning his alleged inability to form a specific intent or to remember the murder, the jury was not required to place determinative weight upon those proofs; rather, it “was *153 free to believe all, part

11
Commonwealth v. Christygreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010See Commonwealth v. Christy, 540 Pa. 192, 211 , 656 A.2d 877, 886 (1995) (observing that when the defendant raises diminished capacity defense to first-degree murder, the Commonwealth bears the burden of disproving the defense beyond a reasonable doubt); see also Commonwealth v. Beasley, 544 Pa. 554, 574 , 678 A.2d 773, 783 (1996). 4 Although Appellant presented substantial expert evidence concerning his alleged inability to form a specific intent or to remember the murder, the jury was not required to place determinative weight upon those proofs; rather, it “was *153 free to believe all, part

2010See Commonwealth v. Christy, 540 Pa. 192, 211 , 656 A.2d 877, 886 (1995) (observing that when the defendant raises diminished capacity defense to first-degree murder, the Commonwealth bears the burden of disproving the defense beyond a reasonable doubt); see also Commonwealth v. Beasley, 544 Pa. 554, 574 , 678 A.2d 773, 783 (1996). 4 Although Appellant presented substantial expert evidence concerning his alleged inability to form a specific intent or to remember the murder, the jury was not required to place determinative weight upon those proofs; rather, it “was *153 free to believe all, part

11
Commonwealth v. Johnsongreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010The jury was aware that Appellant: appeared coherent to various witnesses before and after the incident; told the bartender of his antipathy toward a class of individuals to which he believed Milano belonged; spoke to Chester about the murder shortly after it occurred and took steps to conceal his involvement in it, see Commonwealth v. Johnson, 576 Pa. 23, 53 , 838 A.2d 663, 681 (2003) (indicating that flight and concealment can constitute circumstantial proof of consciousness of guilt); and testified about the incident in detail five months after the fact.

2010The jury was aware that Appellant: appeared coherent to various witnesses before and after the incident; told the bartender of his antipathy toward a class of individuals to which he believed Milano belonged; spoke to Chester about the murder shortly after it occurred and took steps to conceal his involvement in it, see Commonwealth v. Johnson, 576 Pa. 23, 53 , 838 A.2d 663, 681 (2003) (indicating that flight and concealment can constitute circumstantial proof of consciousness of guilt); and testified about the incident in detail five months after the fact.

11
Commonwealth v. Upshergreen
pa · 1982 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005I, §9.505.) (See also, Commonwealth v. Samuel, 527 Pa. 298, 303 , 590 A.2d 1245, 1247 (1991); Commonwealth v. Upsher, 497 Pa. 621, 624 , 444 A.2d 90, 91 (1982); and Commonwealth v. Torres, 564 Pa. 219 , 766 A.2d 342 (2001).) “Because the Commonwealth has the burden of disproving the defense of justification, you may find the defendant guilty only if you are satisfied beyond a reasonable doubt that (s)he did not reasonably believe that the use of deadly force was then and there necessary to protect herself against (death) (serious bodily injury) (kidnapping) (sexual intercourse compelled by for

2005I, §9.505.) (See also, Commonwealth v. Samuel, 527 Pa. 298, 303 , 590 A.2d 1245, 1247 (1991); Commonwealth v. Upsher, 497 Pa. 621, 624 , 444 A.2d 90, 91 (1982); and Commonwealth v. Torres, 564 Pa. 219 , 766 A.2d 342 (2001).) “Because the Commonwealth has the burden of disproving the defense of justification, you may find the defendant guilty only if you are satisfied beyond a reasonable doubt that (s)he did not reasonably believe that the use of deadly force was then and there necessary to protect herself against (death) (serious bodily injury) (kidnapping) (sexual intercourse compelled by for

11
Commonwealth v. Samuelgreen
pa · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005I, §9.505.) (See also, Commonwealth v. Samuel, 527 Pa. 298, 303 , 590 A.2d 1245, 1247 (1991); Commonwealth v. Upsher, 497 Pa. 621, 624 , 444 A.2d 90, 91 (1982); and Commonwealth v. Torres, 564 Pa. 219 , 766 A.2d 342 (2001).) “Because the Commonwealth has the burden of disproving the defense of justification, you may find the defendant guilty only if you are satisfied beyond a reasonable doubt that (s)he did not reasonably believe that the use of deadly force was then and there necessary to protect herself against (death) (serious bodily injury) (kidnapping) (sexual intercourse compelled by for

2005I, §9.505.) (See also, Commonwealth v. Samuel, 527 Pa. 298, 303 , 590 A.2d 1245, 1247 (1991); Commonwealth v. Upsher, 497 Pa. 621, 624 , 444 A.2d 90, 91 (1982); and Commonwealth v. Torres, 564 Pa. 219 , 766 A.2d 342 (2001).) “Because the Commonwealth has the burden of disproving the defense of justification, you may find the defendant guilty only if you are satisfied beyond a reasonable doubt that (s)he did not reasonably believe that the use of deadly force was then and there necessary to protect herself against (death) (serious bodily injury) (kidnapping) (sexual intercourse compelled by for

11
Commonwealth v. Carbonegreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
2 sentences

1990See e.g., Commonwealth v. Carbone, 524 Pa. 551, 560 , 574 A.2d 584, 589 (1990).

1990See e.g., Commonwealth v. Carbone, 524 Pa. 551, 560 , 574 A.2d 584, 589 (1990).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Commonwealth v. Miller green
pasuperct · 2017
2 sentences

2020Id.

2020Id.

22020–2020
Com. v. Brockington, P. green
pasuperct · 2020
2 sentences

2025Rather, once the defendant introduces some evidence to justify a finding of self-defense, the issue is properly before the [factfinder,] and the Commonwealth has the burden of disproving the defense beyond a reasonable doubt.” Commonwealth v. Brockington, 230 A.3d 1209 , 1213-14 (Pa. Super. 2020) (citations omitted).

2025Rather, once the defendant introduces some evidence to justify a finding of self-defense, the issue is properly before the [factfinder,] and the Commonwealth has the burden of disproving the defense beyond a reasonable doubt.” Commonwealth v. Brockington, 230 A.3d 1209 , 1213-14 (Pa. Super. 2020) (citations omitted).

12025–2025
Commonwealth v. Barnes & Tucker Co. green
pa · 1977
2 sentences

1987Commonwealth v. Mikulan, supra, citing Snider v. Thornburgh, 496 Pa. 159 , 436 A.2d 593 (1981), and Commonwealth v. Barnes and Tucker Co., 472 Pa. 115 , 371 A.2d 461 (1977).

1987Commonwealth v. Mikulan, supra, citing Snider v. Thornburgh, 496 Pa. 159 , 436 A.2d 593 (1981), and Commonwealth v. Barnes and Tucker Co., 472 Pa. 115 , 371 A.2d 461 (1977).

11987–1987
Snider v. Thornburgh green
pa · 1981
2 sentences

1987Commonwealth v. Mikulan, supra, citing Snider v. Thornburgh, 496 Pa. 159 , 436 A.2d 593 (1981), and Commonwealth v. Barnes and Tucker Co., 472 Pa. 115 , 371 A.2d 461 (1977).

1987Commonwealth v. Mikulan, supra, citing Snider v. Thornburgh, 496 Pa. 159 , 436 A.2d 593 (1981), and Commonwealth v. Barnes and Tucker Co., 472 Pa. 115 , 371 A.2d 461 (1977).

11987–1987
Balsbaugh v. Frazer green
pa · 1852
1 sentence

1911The defendants had an undoubted right to defalk their claim for services against the plaintiff’s demand for the money, and the party whose claim is the largest is entitled to the judgment: Balsbaugh v. Frazer, 19 Pa. 95 .

11911–1911

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 505 (9) PA § 18 Pa. Cons. Stat. § 2701 (4) PA § 18 Pa. Cons. Stat. § 2702 (4) PA § 18 Pa. Cons. Stat. § 901 (4) PA § 18 Pa. Cons. Stat. § 907 (4) PA § 18 Pa. Cons. Stat. § 2502 (3)

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

GA 61 (1991–2026) NY 42 (1908–2020) PA 30 (1911–2026) CT 26 (1982–2021) OR 21 (1973–2026) IN 19 (1983–2017) MI 15 (1958–2026) TX 14 (1982–2017) WA 12 (1978–2022) IL 11 (1977–2022) ND 11 (1971–1988) HI 9 (1995–2020) NJ 8 (1977–2021) MA 7 (1978–2025) AL 7 (2013–2023) MN 4 (1978–2002) IA 3 (1910–2021) FL 3 (1992–2012) MD 2 (2019–2019) LA 2 (1984–1999) ME 2 (2020–2020) KS 2 (2018–2019) CA 2 (2006–2025) WY 2 (2011–2024)

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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