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

14 Washington opinions name it 2 courts 1967–2021 1 in the last five years

The cases below were cited by Washington 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
State v. Rikergreen
wash · 1994 · cited in 5 Washington opinions naming this issue, 2011–2021
2 sentences

2021Accordingly, “the State can require the defendant to prove that defense only to the extent of creating a reasonable doubt as to his or her guilt.” Id. at 766 (citing State v. Riker, 123 Wn.2d 351, 367 , 869 P.2d 43 (1994)).

2021Accordingly, “the State can require the defendant to prove that defense only to the extent of creating a reasonable doubt as to his or her guilt.” Id. at 766 (citing State v. Riker, 123 Wn.2d 351, 367 , 869 P.2d 43 (1994)).

25
State v. Boxgreen
wash · 1987 · cited in 2 Washington opinions naming this issue, 2011–2011
2 sentences

2011Compare Frost, 160 Wash.2d at 773-74 , 161 P.3d 361 , and Riker, 123 Wash.2d at 368 , 869 P.2d 43 , with State v. Box, 109 Wash.2d 320, 329 , 745 P.2d 23 (1987). ¶ 14 Here, the trial court properly instructed the jury on the law of duress in accord with RCW 9A.16.060 and stated that "[t]he burden is on the defendant to prove the defense of duress by a preponderance of the evidence." CP at 41.

2011Compare Frost, 160 Wash.2d at 773-74 , 161 P.3d 361 , and Riker, 123 Wash.2d at 368 , 869 P.2d 43 , with State v. Box, 109 Wash.2d 320, 329 , 745 P.2d 23 (1987). ¶ 14 Here, the trial court properly instructed the jury on the law of duress in accord with RCW 9A.16.060 and stated that "[t]he burden is on the defendant to prove the defense of duress by a preponderance of the evidence." CP at 41.

22
State v. Frostgreen
wash · 2007 · cited in 2 Washington opinions naming this issue, 2011–2011
2 sentences

2011Compare Frost, 160 Wash.2d at 773-74 , 161 P.3d 361 , and Riker, 123 Wash.2d at 368 , 869 P.2d 43 , with State v. Box, 109 Wash.2d 320, 329 , 745 P.2d 23 (1987). ¶ 14 Here, the trial court properly instructed the jury on the law of duress in accord with RCW 9A.16.060 and stated that "[t]he burden is on the defendant to prove the defense of duress by a preponderance of the evidence." CP at 41.

2011Compare Frost, 160 Wn.2d at 773-74 , and Riker, 123 Wn.2d at 368 , with State v. Box, 109 Wn.2d 320, 329 , 745 P.2d 23 (1987). ¶14 Here, the trial court properly instructed the jury on the law of duress in accord with RCW 9A.16.060 and stated that “[t]he burden is on the defendant to prove the defense of duress by a preponderance of the evidence.” CP at 41.

22
State v. W.R.green
wash · 2014 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016In recognizing this error, W.R. held that even if the legislature intended to burden the defendant in a first or second degree rape case with proving consent (i.e., with negating forcible compulsion), due process clause protections would prohibit the legislature from doing so. 181 Wn.2d at 766-67 ("The defendant cannot be burdened with proving consent by a preponderance of the evidence, as the burden must remain on the State to prove forcible compulsion beyond reasonable doubt.").

11
State v. Frostgreen
wash · 2007 · cited in 1 Washington opinions naming this issue, 2011–2011
1 sentence

2011Compare Frost, 160 Wash.2d at 773-74 , 161 P.3d 361 , and Riker, 123 Wash.2d at 368 , 869 P.2d 43 , with State v. Box, 109 Wash.2d 320, 329 , 745 P.2d 23 (1987). ¶ 14 Here, the trial court properly instructed the jury on the law of duress in accord with RCW 9A.16.060 and stated that "[t]he burden is on the defendant to prove the defense of duress by a preponderance of the evidence." CP at 41.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Dixon v. United States green
scotus · 2006
2 sentences

2011The trial court's jury instruction allocating the burden of proving duress to Dow was not error. ¶ 15 Dow cites Dixon v. United States, 548 U.S. 1 , 6 n. 4, 126 S.Ct. 2437 , 165 L.Ed.2d 299 (2006), to claim that duress negates the mens rea element in burglary charges.

2011The trial court's jury instruction allocating the burden of proving duress to Dow was not error. ¶ 15 Dow cites Dixon v. United States, 548 U.S. 1 , 6 n. 4, 126 S.Ct. 2437 , 165 L.Ed.2d 299 (2006), to claim that duress negates the mens rea element in burglary charges.

42006–2011
State v. Camara red
wash · 1989
2 sentences

2016Ed. 2d 267 (1987),] to mean that requiring a defendant to prove a defense by a preponderance ... is "not precluded by the fact that the defense 'negates' an element of a crime." I d. at 763 (quoting Camara, 113 Wn.2d at 640 ).

2016Ed. 2d 267 (1987),] to mean that requiring a defendant to prove a defense by a preponderance ... is “not precluded by the fact that the defense ‘negates’ an element of a crime.” Id. at 763 (quoting Camara, 113 Wn.2d at 640 ).

32014–2016
Martin v. Ohio green
scotus · 1987
2 sentences

2016Ed. 2d 267 (1987),] to mean that requiring a defendant to prove a defense by a preponderance ... is “not precluded by the fact that the defense ‘negates’ an element of a crime.” Id. at 763 (quoting Camara, 113 Wn.2d at 640 ).

2014The Court held that due process does not forbid placing the burden of proving self-defense on the defendant charged with the crime of aggravated murder. 480 U.S. at 233 .

32014–2016
State v. Campbell green
washctapp · 1997
2 sentences

2003Campbell, 84 Wash.App. at 600 n. 1, 929 P.2d 1175 ; State v. Gropper, 76 Wash.App. 882, 887 , 888 P.2d 1211 (1995).

2003Campbell, 84 Wn.

22003–2003
State v. White green
wash · 1962
2 sentences

1977State v. White, 60 Wn.2d 551 , 374 P.2d 942 (1962); State v. Putzell, 40 Wn.2d 174 , 242 P.2d 180 (1952).

1977State v. White, 60 Wn.2d 551 , 374 P.2d 942 (1962); State v. Putzell, 40 Wn.2d 174 , 242 P.2d 180 (1952).

21967–1977
State v. Putzell green
wash · 1952
2 sentences

1977State v. White, 60 Wn.2d 551 , 374 P.2d 942 (1962); State v. Putzell, 40 Wn.2d 174 , 242 P.2d 180 (1952).

1977State v. White, 60 Wn.2d 551 , 374 P.2d 942 (1962); State v. Putzell, 40 Wn.2d 174 , 242 P.2d 180 (1952).

21967–1977
State v. Gropper green
washctapp · 1995
2 sentences

2003Campbell, 84 Wash.App. at 600 n. 1, 929 P.2d 1175 ; State v. Gropper, 76 Wash.App. 882, 887 , 888 P.2d 1211 (1995).

2003Campbell, 84 Wash.App. at 600 n. 1, 929 P.2d 1175 ; State v. Gropper, 76 Wash.App. 882, 887 , 888 P.2d 1211 (1995).

12003–2003
Miller v. Kennedy green
washctapp · 1974
1 sentence

1990Miller v. Kennedy, 11 Wn.

11990–1990

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.44.010 (6) WA § Wash. Rev. Code § 9A.44.050 (6) WA § Wash. Rev. Code § 9A.44.060 (5) WA § Wash. Rev. Code § 9A.44.040 (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

PA 29 (1941–2025) TX 22 (1912–2017) LA 15 (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) IN 5 (1915–2005) MD 5 (1981–2005) CT 5 (1996–2018) MS 4 (2002–2014) MO 4 (1953–2023) FL 4 (1980–2019) NY 4 (1915–1999) KS 3 (1972–2026) ID 3 (1988–1999) WV 3 (1941–1990) MN 3 (1981–2009) OH 3 (1962–1999) IA 3 (1891–1957) ND 3 (1896–2022) OK 3 (1897–1964) OR 3 (1922–2001) AZ 3 (1971–2018) HI 2 (2001–2020) MA 2 (2011–2026) MI 2 (2023–2023)

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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