burden of establishing defense (Oregon) · Go Syfert
← Oregon issues

burden of establishing defense in Oregon

15 Oregon opinions name it 2 courts 1984–2025 2 in the last five years

The cases below were cited by Oregon 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 Oregon.

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
State v. Chitwood green
or · 2022
2 sentences

2025Notwithstanding that framework, in this case, which is in a plain-error posture, the majority reverses after a bench trial under the principles articulated in State v. Chitwood, 370 Or 305 , 518 P3d 903 (2022).

2025Notwithstanding that framework, in this case, which is in a plain-error posture, the majority reverses after a bench trial under the principles articulated in State v. Chitwood, 370 Or 305 , 518 P3d 903 (2022).

22025–2025
Marvin Wood Products v. Callow green
orctapp · 2000
2 sentences

2011Marvin Wood Products v. Callow, 171 Or App 175, 183-84 , 14 P3d 686 (2000).

2011Marvin Wood Products v. Callow, 171 Or App 175, 183-84 , 14 P3d 686 (2000).

22011–2011
Stevenson v. State Ex Rel. Department of Transportation green
or · 1980
2 sentences

1996Stevenson v. State of Oregon, 290 Or 3, 15 , 619 P2d 247 (1980).

1996Stevenson v. State of Oregon, 290 Or 3, 15 , 619 P2d 247 (1980).

21994–1996
Seeborg v. General Motors Corporation green
or · 1978
2 sentences

1986Seeborg v. General Motors Corporation, 284 Or 695, 699 , 588 P2d 1100 (1978).

1986Seeborg v. General Motors Corporation, 284 Or 695, 699 , 588 P2d 1100 (1978).

21984–1986
State v. Davis neutral
orctapp · 1973
2 sentences

2020Thus, ‘mental disease or defect’ (Article 5) is an affir- mative defense and the defendant has the burden of establishing the defense by a preponderance of the evidence, while ‘self-defense’ (Article 4) is an ordi- nary defense and the state has the burden of disproving the defense beyond a reasonable doubt.” 534 State v. Mayo equivalent of a directed verdict on this defense in that it is not submitted to the jury unless, of course, the state has produced evidence supporting the defense in its case-in- chief.” See State v. Davis, 14 Or App 422, 428 , 512 P2d 1366 (1973) (rejecting the defendan

2020Thus, ‘mental disease or defect’ (Article 5) is an affir- mative defense and the defendant has the burden of establishing the defense by a preponderance of the evidence, while ‘self-defense’ (Article 4) is an ordi- nary defense and the state has the burden of disproving the defense beyond a reasonable doubt.” 534 State v. Mayo equivalent of a directed verdict on this defense in that it is not submitted to the jury unless, of course, the state has produced evidence supporting the defense in its case-in- chief.” See State v. Davis, 14 Or App 422, 428 , 512 P2d 1366 (1973) (rejecting the defendan

12020–2020
State v. Williams neutral
orctapp · 1972
2 sentences

2020Thus, ‘mental disease or defect’ (Article 5) is an affir- mative defense and the defendant has the burden of establishing the defense by a preponderance of the evidence, while ‘self-defense’ (Article 4) is an ordi- nary defense and the state has the burden of disproving the defense beyond a reasonable doubt.” 534 State v. Mayo equivalent of a directed verdict on this defense in that it is not submitted to the jury unless, of course, the state has produced evidence supporting the defense in its case-in- chief.” See State v. Davis, 14 Or App 422, 428 , 512 P2d 1366 (1973) (rejecting the defendan

2020Thus, ‘mental disease or defect’ (Article 5) is an affir- mative defense and the defendant has the burden of establishing the defense by a preponderance of the evidence, while ‘self-defense’ (Article 4) is an ordi- nary defense and the state has the burden of disproving the defense beyond a reasonable doubt.” 534 State v. Mayo equivalent of a directed verdict on this defense in that it is not submitted to the jury unless, of course, the state has produced evidence supporting the defense in its case-in- chief.” See State v. Davis, 14 Or App 422, 428 , 512 P2d 1366 (1973) (rejecting the defendan

12020–2020
State Ex Rel. Mikkelsen v. Hill green
or · 1993
1 sentence

2015Id. at 456 .

12015–2015
In Re Complaint as to the Conduct of Magar green
or · 2003
2 sentences

2011Bar Rules of Procedure (BR) 5.2. “ ‘Clear and convincing evidence’ means evidence establishing that the truth of the facts asserted is highly probable.” In re Magar, 335 Or 306, 308 , 66 P3d 1014 (2003).

2011Bar Rules of Procedure (BR) 5.2. “ ‘Clear and convincing evidence’ means evidence establishing that the truth of the facts asserted is highly probable.” In re Magar, 335 Or 306, 308 , 66 P3d 1014 (2003).

12011–2011
Branch v. Lambert green
or · 1922
2 sentences

2009Branch v. Lambert, 103 Or 423, 433 , 205 P 995 (1922) (“[AJctions against executors and *19 administrators are governed by the general rules that in civil actions the party having the affirmative of the issue shall produce the evidence to prove it, and, when the evidence is contradictory, the finding shall be in conformity with the preponderance of evidence.”).

2009Branch v. Lambert, 103 Or 423, 433 , 205 P 995 (1922) (“[AJctions against executors and *19 administrators are governed by the general rules that in civil actions the party having the affirmative of the issue shall produce the evidence to prove it, and, when the evidence is contradictory, the finding shall be in conformity with the preponderance of evidence.”).

12009–2009
State v. Westlund green
or · 1986
1 sentence

1994It is not part of plaintiffs case. 2 The court in Westlund left open the question of whether a violation of ORS 426.460 can give rise to an action against the officers. 302 Or at 228-29 .

11994–1994
In Re Complaint as to the Conduct of Anson green
or · 1986
2 sentences

1992BR5.2 ; In re Anson, 302 Or 446, 453 , 730 P2d 1229 (1986).

1992BR5.2 ; In re Anson, 302 Or 446, 453 , 730 P2d 1229 (1986).

11992–1992
Little v. Wimmer green
or · 1987
2 sentences

1987Little v. Wimmer, 303 Or 580, 588 , 739 P2d 564 (1987).

1987Little v. Wimmer, 303 Or 580, 588 , 739 P2d 564 (1987).

11987–1987

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 161.055 (3) OR § Or. Rev. Stat. § 161.209 (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

CA 195 (1918–2026) TX 93 (1906–2026) MT 83 (1998–2025) IL 81 (1904–2026) NY 80 (1888–2025) PA 54 (1924–2024) OH 53 (1977–2026) LA 42 (1933–2024) MI 41 (1934–2022) CO 39 (1975–2026) WA 39 (1912–2020) GA 35 (1923–2023) NJ 30 (1939–2026) AZ 28 (1971–2025) ID 24 (1924–2024) IN 24 (1913–2025) CT 21 (1912–2021) NM 20 (1969–2025) IA 20 (1879–2023) MN 20 (1904–2025) MO 18 (1891–2021) SC 17 (1962–2026) OR 15 (1984–2025) MS 15 (1962–2017) VA 15 (1944–2022) WV 15 (1962–2026) KS 14 (1898–2026) TN 13 (1996–2025) MD 13 (1916–2026) FL 12 (1962–2024) AL 10 (1980–2005) ND 9 (1927–2024) AR 8 (1988–2012) NC 7 (1957–2020) WY 7 (1981–2026) MA 7 (1980–2012) WI 7 (2001–2026) SD 6 (1963–2015) HI 5 (1980–2023) DE 5 (1970–2025) VT 5 (1946–1982) OK 4 (1950–1976) NV 4 (1973–2018) KY 4 (1923–2016) NE 3 (1987–2004) AK 3 (1978–1994) UT 2 (1941–2017) DC 2 (1972–2001) NH 2 (1982–1983)

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.

← Caselaw search · G Cite Topics · Brief Check