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

13 Tennessee opinions name it 2 courts 1999–2026 5 in the last five years

The cases below were cited by Tennessee 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 (3)

CaseFollowedCited
State v. Belsergreen
tenncrimapp · 1996 · cited in 10 Tennessee opinions naming this issue, 1999–2026
2 sentences

2026Once a defendant has raised sufficient facts to support a finding that the defendant acted in defense of self, “[t]he state has the burden of proof to negate the defense; the burden is not upon the defendant to prove the defense exists.” State v. Belser, 945 S.W.2d 776, 782 (Tenn. Crim.

2024Once a defendant has raised sufficient facts to support a finding he acted in defense of self or another, “The [S]tate has the burden of proof to negate the defense; the burden is not upon the defendant to prove the defense exists.” State v. Belser, 945 S.W.2d 776, 782 (Tenn. Crim.

1010
United States v. Jeffrey Scott Amosgreen
ca8 · 1986 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952). *741 “It is axiomatic, therefore, that a lesser standard of proof, such as the clear and convincing standard, may be imposed.” United States v. Amos, 803 F.2d 419, 421 (8th Cir.1986).

11
State v. Andersongreen
tenncrimapp · 1992 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999Accord State v. Anderson, 835 S.W.2d 600 (Tenn. Crim.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Leland v. Oregon green
scotus · 1952
2 sentences

2010Leland v. Oregon, 343 U.S. 790 (1952).

1999Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952). *741 “It is axiomatic, therefore, that a lesser standard of proof, such as the clear and convincing standard, may be imposed.” United States v. Amos, 803 F.2d 419, 421 (8th Cir.1986).

21999–2010

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-11-611 (10) TN § Tenn. Code Ann. § 39-11-201 (9) TN § Tenn. Code Ann. § 39-11-106 (7) TN § Tenn. Code Ann. § 39-11-302 (6) TN § Tenn. Code Ann. § 39-13-210 (6) TN § Tenn. Code Ann. § 39-17-1322 (5) TN § Tenn. Code Ann. § 39-12-101 (3) TN § Tenn. Code Ann. § 39-13-101 (3) TN § Tenn. Code Ann. § 39-13-102 (3) TN § Tenn. Code Ann. § 39-13-103 (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 21 (1924–2017) WA 14 (1967–2021) TN 13 (1999–2026) CA 12 (1946–2021) LA 12 (1986–2014) GA 8 (1922–2001) IL 7 (1940–2025) NE 6 (1897–2016) NC 6 (1896–1985) CT 5 (1996–2018) MD 5 (1981–2005) IN 5 (1915–2005) MO 4 (1953–2023) FL 4 (1980–2019) MS 4 (2002–2014) NY 4 (1915–1999) OK 4 (1897–1964) OR 3 (1922–2001) AZ 3 (1971–2018) OH 3 (1962–1999) WV 3 (1941–1990) MN 3 (1981–2009) IA 3 (1891–1957) ND 3 (1896–2022) ID 3 (1988–1999) HI 2 (2001–2020) MA 2 (2011–2026) KS 2 (1972–2013) 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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