State to disprove defense (Illinois) · Go Syfert
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State to disprove defense in Illinois

17 Illinois opinions name it 1 courts 1989–2026 8 in the last five years

The cases below were cited by Illinois 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 (5)

CaseFollowedCited
People v. Bennettgreen
illappct · 2017 · cited in 3 Illinois opinions naming this issue, 2020–2024
2 sentences

2021“If a defendant presents ‘some evidence as to each of these elements,’ the burden shifts to the State to disprove the defense beyond a reasonable doubt.” - 15 - No. 1-19-2579 People v. Bennett, 2017 IL App (1st) 151619, ¶ 33 .

2020“If a defendant presents ‘some evidence as to each of these elements,’ the burden shifts to the State to disprove the defense beyond a reasonable doubt.” People v. Bennett, 2017 IL App (1st) 151619, ¶ 33 (quoting People v. Willis, 217 Ill.

13
People v. Estesgreen
illappct · 1984 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018Id.; People v. Estes, 127 Ill.

2017Id. ; People v. Estes , 127 Ill.

12
People v. Bardsleygreen
illappct · 2017 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Bardsley, 2017 IL App (2d) 150209, ¶ 17 .

11
People v. Willisgreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020“If a defendant presents ‘some evidence as to each of these elements,’ the burden shifts to the State to disprove the defense beyond a reasonable doubt.” People v. Bennett, 2017 IL App (1st) 151619, ¶ 33 (quoting People v. Willis, 217 Ill.

11
People v. Kolichmangreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009People v. Kolichman, 218 Ill.App.3d 132, 144 , 161 Ill.

2009People v. Kolichman, 218 Ill.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
People v. Lee green
ill · 2004
2 sentences

2026People v. Lee, 213 Ill. 2d 218 , 224- 25 (2004).

2020People v. Lee, 213 Ill. 2d 218 , (2004). ¶ 40 If a defendant presents “some evidence as to each of these elements,” the burden shifts to the State to disprove the defense beyond a reasonable doubt.

32020–2026
People v. Carter green
illappct · 1988
2 sentences

1989People v. Carter (1988), 177 Ill.

1989People v. Carter (1988), 177 Ill.

21989–1989
People v. Azizarab green
illappct · 2000
1 sentence

2025“We will not disturb the trial court’s determination absent a showing no rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt.” Id. ¶ 29 In the present case, the trial court determined that defendant did not present evidence to raise the affirmative defense of necessity such that the burden did not shift to the State to disprove that defense.

12025–2025
People v. Coleman green
illappct · 2023
1 sentence

2023The contention strips a defendant of the presumption of innocence and the need for the State to disprove a claim of self-defense. - 14 - 2023 IL App (2d) 220008 ¶ 46 The State also argues that video and screen shots taken by a camera from a nearby high school make it clear that defendant’s version of events leading up to the shooting of Durr is impossible.

12023–2023
People v. Grabow green
illappct · 2022
1 sentence

2022People v. Grabow, 2022 IL App (2d) 210151, ¶ 22 .

12022–2022
People v. Kyles green
illappct · 1980
2 sentences

2017App. 3d 1019 , 47 Ill.Dec. 494 , 415 N.E.2d 499 (1980) ). ¶ 33 If a defendant presents "some evidence as to each of these elements," the burden shifts to the State to disprove the defense beyond a reasonable doubt.

2017App. 3d 1019 , 47 Ill.Dec. 494 , 415 N.E.2d 499 (1980) ). ¶ 33 If a defendant presents "some evidence as to each of these elements," the burden shifts to the State to disprove the defense beyond a reasonable doubt.

12017–2017
People v. Rodriguez green
illappct · 2009
1 sentence

2014Accordingly, the court stated that “a defendant charged with possession of a controlled substance must produce evidence that his possession was pursuant to a prescription, which then places the burden on the State to disprove the defense beyond a reasonable doubt.” Id. ¶ 26 Defendant in this case does not dispute that Xanax and Vicodin are controlled substances under the Controlled Substances Act.

12014–2014
People v. Kathan green
illappct · 2014
2 sentences

2014Accordingly, the court stated that “a defendant -8- 2014 IL App (2d) 121335 charged with possession of a controlled substance must produce evidence that his possession was pursuant to a prescription, which then places the burden on the State to disprove the defense beyond a reasonable doubt.” Id. ¶ 26 Defendant in this case does not dispute that Xanax and Vicodin are controlled substances under the Controlled Substances Act.

2014Accordingly, the court stated that “a defendant -8- 2014 IL App (2d) 121335 charged with possession of a controlled substance must produce evidence that his possession was pursuant to a prescription, which then places the burden on the State to disprove the defense beyond a reasonable doubt.” Id. ¶ 26 Defendant in this case does not dispute that Xanax and Vicodin are controlled substances under the Controlled Substances Act.

12014–2014

Statutes the citing opinions construe

IL § 720 ILCS 5/7-1 (6) IL § 720 ILCS 5/9-2 (5) IL § 625 ILCS 5/11-501 (3) IL § 720 ILCS 5/9-1 (3) IL § 720 ILCS 570/206 (3) IL § 720 ILCS 570/302 (3) IL § 720 ILCS 570/402 (3) IL § 720 ILCS 570/506 (3) IL § 730 ILCS 5/5-5-3.1 (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

TX 49 (1991–2025) GA 26 (1981–2017) IL 17 (1989–2026) FL 10 (1991–2018) CT 6 (1993–2020) WA 6 (2013–2021) MN 6 (1991–2024) IA 5 (1973–2019) NJ 4 (1994–2019) WI 4 (1993–2025) IN 4 (2005–2024) UT 3 (2011–2018) HI 3 (1998–2020) OR 2 (2024–2024) ME 2 (1983–1994)

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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