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

13 California opinions name it 3 courts 1946–2025 2 in the last five years

The cases below were cited by California 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 (12)

CaseFollowedCited
People v. Mowergreen
cal · 2002 · cited in 4 California opinions naming this issue, 2006–2015
2 sentences

2015(Mower, supra, 28 Cal.4th at p. 480 .) “The most prominent [such defense] is the defense of entrapment[] [citation] . . . 6 [which] „is not based on the defendant‟s innocence . . . [but rather is designed] . . . as a control on illegal police conduct “out of regard for [the court‟s] own dignity, and in the exercise of its power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law.”‟ [Citation.]” (Ibid.) Since such a defense does not negate any element of the crime in question, and is in place for policy considerations apart from a

2015(Mower, supra, 28 Cal.4th at p. 480 .) “The most prominent [such defense] is the defense of entrapment . . . [citation] ‘. . . [which] is not based on the defendant’s innocence . . . [but rather is designed] ... as a control on illegal police conduct “out of regard for [the court’s] own dignity, and in the exercise of its power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law.” ’ [Citation.]” (Ibid.) Since such a defense does not negate any element of the crime in question, and is in place for policy considerations apart from

14
People v. Neidingergreen
cal · 2006 · cited in 2 California opinions naming this issue, 2015–2015
2 sentences

2015(See ibid.; Neidinger, supra, 40 Cal.4th at p. 76 .) Mower held a defendant need only prove the defense in its case—obtaining or using marijuana for medical purposes upon the recommendation of a physician (Health & Saf.

2015(See ibid.; Neidinger, supra, 40 Cal.4th at p. 76.) Mower held a defendant need only prove the defense in its case — obtaining or using marijuana for medical purposes upon the recommendation of a physician (Health & Saf.

12
People v. Dennisgreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(See People v. Dennis, supra, 177 Cal.App.3d at p. 873 [“Since the burden is upon the defendant to prove his claim of ineffectiveness of counsel, the choice whether to present evidence or to remain silent is also his.

11
People v. Adriangreen
calctapp · 1982 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(People v. Tewksbury (1976) 15 Cal.3d 953, 963-964 [ 127 Cal.Rptr. 135 , 544 P.2d *571 1335]; People v. Adrian (1982) 135 Cal.App.3d 335, 340-342 [ 185 Cal.Rptr. 506 ]; People v. Noble (2002) 100 Cal.App.4th 184, 189 [ 121 Cal.Rptr.2d 918 ]; see also People v. Mower (2002) 28 Cal.4th 457, 479-480 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ].) In contrast, when the defense does not directly concern an element of the crime but exonerates the defendant as a matter of public policy, there is no constitutional impediment to requiring the defendant to prove the defense by a preponderance of the evidence.

2007(People v. Tewksbury (1976) 15 Cal.3d 953, 963-964 [ 127 Cal.Rptr. 135 , 544 P.2d *571 1335]; People v. Adrian (1982) 135 Cal.App.3d 335, 340-342 [ 185 Cal.Rptr. 506 ]; People v. Noble (2002) 100 Cal.App.4th 184, 189 [ 121 Cal.Rptr.2d 918 ]; see also People v. Mower (2002) 28 Cal.4th 457, 479-480 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ].) In contrast, when the defense does not directly concern an element of the crime but exonerates the defendant as a matter of public policy, there is no constitutional impediment to requiring the defendant to prove the defense by a preponderance of the evidence.

11
People v. Noblegreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(People v. Tewksbury (1976) 15 Cal.3d 953, 963-964 [ 127 Cal.Rptr. 135 , 544 P.2d *571 1335]; People v. Adrian (1982) 135 Cal.App.3d 335, 340-342 [ 185 Cal.Rptr. 506 ]; People v. Noble (2002) 100 Cal.App.4th 184, 189 [ 121 Cal.Rptr.2d 918 ]; see also People v. Mower (2002) 28 Cal.4th 457, 479-480 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ].) In contrast, when the defense does not directly concern an element of the crime but exonerates the defendant as a matter of public policy, there is no constitutional impediment to requiring the defendant to prove the defense by a preponderance of the evidence.

2007(People v. Tewksbury (1976) 15 Cal.3d 953, 963-964 [ 127 Cal.Rptr. 135 , 544 P.2d *571 1335]; People v. Adrian (1982) 135 Cal.App.3d 335, 340-342 [ 185 Cal.Rptr. 506 ]; People v. Noble (2002) 100 Cal.App.4th 184, 189 [ 121 Cal.Rptr.2d 918 ]; see also People v. Mower (2002) 28 Cal.4th 457, 479-480 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ].) In contrast, when the defense does not directly concern an element of the crime but exonerates the defendant as a matter of public policy, there is no constitutional impediment to requiring the defendant to prove the defense by a preponderance of the evidence.

11
People v. Condleygreen
calctapp · 1977 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(See People v. Tewksbury, supra, 15 Cal.3d at p. 964 [defendant must prove entrapment defense]; People v. Condley (1977) 69 Cal.App.3d 999, 1009-1013 [ 138 Cal.Rptr. 515 ] [defendant must prove necessity defense for offense of escape from prison].) Typically, the prosecution has the burden to prove a defendant did not act in self-defense, because self-defense negates an element of the offense.

2007(See People v. Tewksbury, supra, 15 Cal.3d at p. 964 [defendant must prove entrapment defense]; People v. Condley (1977) 69 Cal.App.3d 999, 1009-1013 [ 138 Cal.Rptr. 515 ] [defendant must prove necessity defense for offense of escape from prison].) Typically, the prosecution has the burden to prove a defendant did not act in self-defense, because self-defense negates an element of the offense.

11
People v. Tewksburygreen
cal · 1976 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(People v. Tewksbury (1976) 15 Cal.3d 953, 963-964 [ 127 Cal.Rptr. 135 , 544 P.2d *571 1335]; People v. Adrian (1982) 135 Cal.App.3d 335, 340-342 [ 185 Cal.Rptr. 506 ]; People v. Noble (2002) 100 Cal.App.4th 184, 189 [ 121 Cal.Rptr.2d 918 ]; see also People v. Mower (2002) 28 Cal.4th 457, 479-480 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ].) In contrast, when the defense does not directly concern an element of the crime but exonerates the defendant as a matter of public policy, there is no constitutional impediment to requiring the defendant to prove the defense by a preponderance of the evidence.

2007(People v. Tewksbury (1976) 15 Cal.3d 953, 963-964 [ 127 Cal.Rptr. 135 , 544 P.2d *571 1335]; People v. Adrian (1982) 135 Cal.App.3d 335, 340-342 [ 185 Cal.Rptr. 506 ]; People v. Noble (2002) 100 Cal.App.4th 184, 189 [ 121 Cal.Rptr.2d 918 ]; see also People v. Mower (2002) 28 Cal.4th 457, 479-480 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ].) In contrast, when the defense does not directly concern an element of the crime but exonerates the defendant as a matter of public policy, there is no constitutional impediment to requiring the defendant to prove the defense by a preponderance of the evidence.

11
Haft v. Lone Palm Hotelgreen
cal · 1970 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003(Haft v. Lone Palm Hotel (1970) 3 Cal.3d 756, 772 [ 91 Cal.Rptr. 745 , 478 P.2d 465 ].) Similarly, in design defect cases, the plaintiff must produce evidence that his or her injury was caused by the design of the product, before the burden of proof shifts to the defendant to prove the design of the product was not defective.

2003(Haft v. Lone Palm Hotel (1970) 3 Cal.3d 756, 772 [ 91 Cal.Rptr. 745 , 478 P.2d 465 ].) Similarly, in design defect cases, the plaintiff must produce evidence that his or her injury was caused by the design of the product, before the burden of proof shifts to the defendant to prove the design of the product was not defective.

11
People v. Hutchinsongreen
cal · 1969 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992(People v. Hutchinson (1969) 71 Cal.2d 342, 349-350 [ 78 Cal.Rptr. 196 , 455 P.2d 132 ]; see Evid.

1992(People v. Hutchinson (1969) 71 Cal.2d 342, 349-350 [ 78 Cal.Rptr. 196 , 455 P.2d 132 ]; see Evid.

11
In Re Graygreen
calctapp · 1981 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986(In re Gray (1981) 123 Cal.App.3d 614, 616 [ 176 Cal.Rptr. 721 ].) Since the burden is upon the defendant to prove his claim of ineffectiveness of counsel, the choice whether to present evidence or to remain silent is also his.

1986(In re Gray (1981) 123 Cal.App.3d 614, 616 [ 176 Cal.Rptr. 721 ].) Since the burden is upon the defendant to prove his claim of ineffectiveness of counsel, the choice whether to present evidence or to remain silent is also his.

11
Consolidated Reservoir & Power Co. v. Scarboroughgreen
cal · 1932 · cited in 1 California opinions naming this issue, 1946–1946
2 sentences

1946Co. v. Wood, 113 Cal. 482, 486 [ 45 P. 809 ] ; Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 702 [ 16 P.2d 268 ].) While the statute of limitations ordinarily is an affirmative defense and the burden rests on the defendant to prove such defense, yet in an action for fraud which is commenced more than three years after it occurred the burden is not on the defendant to show that knowledge of the facts was brought home to the plaintiff but is ■ on the plaintiff to prove that he did not discover the facts constituting the fraud within three years prior to the commencement of the action; a

1946Co. v. Wood, 113 Cal. 482, 486 [ 45 P. 809 ] ; Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 702 [ 16 P.2d 268 ].) While the statute of limitations ordinarily is an affirmative defense and the burden rests on the defendant to prove such defense, yet in an action for fraud which is commenced more than three years after it occurred the burden is not on the defendant to show that knowledge of the facts was brought home to the plaintiff but is ■ on the plaintiff to prove that he did not discover the facts constituting the fraud within three years prior to the commencement of the action; a

11
Lady Washington Consolidated Co. v. Woodgreen
cal · 1896 · cited in 1 California opinions naming this issue, 1946–1946
2 sentences

1946Co. v. Wood, 113 Cal. 482, 486 [ 45 P. 809 ] ; Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 702 [ 16 P.2d 268 ].) While the statute of limitations ordinarily is an affirmative defense and the burden rests on the defendant to prove such defense, yet in an action for fraud which is commenced more than three years after it occurred the burden is not on the defendant to show that knowledge of the facts was brought home to the plaintiff but is ■ on the plaintiff to prove that he did not discover the facts constituting the fraud within three years prior to the commencement of the action; a

1946Co. v. Wood, 113 Cal. 482, 486 [ 45 P. 809 ] ; Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 702 [ 16 P.2d 268 ].) While the statute of limitations ordinarily is an affirmative defense and the burden rests on the defendant to prove such defense, yet in an action for fraud which is commenced more than three years after it occurred the burden is not on the defendant to show that knowledge of the facts was brought home to the plaintiff but is ■ on the plaintiff to prove that he did not discover the facts constituting the fraud within three years prior to the commencement of the action; a

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
People v. Simmons green
calctapp · 2023
1 sentence

2025(See generally Quintero, at p. 1060 [addressing the merits of RJA claim as a claim of ineffective assistance notwithstanding forfeiture by trial counsel’s failure to object]; People v. Simmons (2023) 96 Cal.App.5th 323 , 336 [same].) Even if we had the legal authority to consider claims under the RJA as part of this appeal, subdivision (a) of section 745 places the burden on a defendant to prove a violation by a preponderance of the evidence.

12025–2025
National Council Against Health Fraud, Inc. v. King Bio Pharmaceuticals, Inc. green
calctapp · 2003
2 sentences

2016CACI 420 is a correct statement of the law. "[I]n negligence per se actions, the plaintiff must produce evidence of a violation of a statute and a substantial probability that the plaintiff's injury was caused by the violation of the statute before the burden of proof shifts to the defendant to prove the violation of the statute did not cause the plaintiff's injury. [Citation.]" ( National Council Against Health Fraud, Inc. v. King Bio Pharmaceuticals, Inc. (2003) 107 Cal.App.4th 1336 , 1347, 133 Cal.Rptr.2d 207 .) Appellant argues that the instruction on negligence per se was confusing becaus

2016CACI 420 is a correct statement of the law. "[I]n negligence per se actions, the plaintiff must produce evidence of a violation of a statute and a substantial probability that the plaintiff's injury was caused by the violation of the statute before the burden of proof shifts to the defendant to prove the violation of the statute did not cause the plaintiff's injury. [Citation.]" ( National Council Against Health Fraud, Inc. v. King Bio Pharmaceuticals, Inc. (2003) 107 Cal.App.4th 1336 , 1347, 133 Cal.Rptr.2d 207 .) Appellant argues that the instruction on negligence per se was confusing becaus

12016–2016
Galanek v. Wismar green
calctapp · 1999
1 sentence

2003(Galanek v. Wismar, supra, 68 Cal.App.4th at p. 1427 .) As another example, in negligence per se actions, the plaintiff must produce evidence of a violation of a statute and a substantial probability that the plaintiffs injury was caused by the violation of the statute before the burden of proof shifts to the defendant to prove the violation of the statute did not cause the plaintiffs injury.

12003–2003
Martin v. Ohio green
scotus · 1987
2 sentences

1990The statute was found consistent with due process in Martin v. Ohio (1987) 480 U.S. 228 [ 94 L.Ed.2d 267 , 107 S.Ct. 1098 ], Martin distinguished In re Winship (1970) 397 U.S. 358 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 , which “declared that the Due Process Clause ‘protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.’ ” (Martin v. Ohio, supra, at pp. 231-232 [ 94 L.Ed.2d at p. 273 ].) Similarly, In re Winship is inapposite here.

1990The statute was found consistent with due process in Martin v. Ohio (1987) 480 U.S. 228 [ 94 L.Ed.2d 267 , 107 S.Ct. 1098 ], Martin distinguished In re Winship (1970) 397 U.S. 358 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 , which “declared that the Due Process Clause ‘protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.’ ” (Martin v. Ohio, supra, at pp. 231-232 [ 94 L.Ed.2d at p. 273 ].) Similarly, In re Winship is inapposite here.

11990–1990
In Re WINSHIP green
scotus · 1970
2 sentences

1990The statute was found consistent with due process in Martin v. Ohio (1987) 480 U.S. 228 [ 94 L.Ed.2d 267 , 107 S.Ct. 1098 ], Martin distinguished In re Winship (1970) 397 U.S. 358 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 , which “declared that the Due Process Clause ‘protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.’ ” (Martin v. Ohio, supra, at pp. 231-232 [ 94 L.Ed.2d at p. 273 ].) Similarly, In re Winship is inapposite here.

1990The statute was found consistent with due process in Martin v. Ohio (1987) 480 U.S. 228 [ 94 L.Ed.2d 267 , 107 S.Ct. 1098 ], Martin distinguished In re Winship (1970) 397 U.S. 358 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 , which “declared that the Due Process Clause ‘protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.’ ” (Martin v. Ohio, supra, at pp. 231-232 [ 94 L.Ed.2d at p. 273 ].) Similarly, In re Winship is inapposite here.

11990–1990
People v. Costello green
cal · 1943
2 sentences

1953(People v. Costello, 21 Cal.2d 760 [ 135 P.2d 164 ]; People v. Marshall, 59 Cal. 386 ; People v. Agnew, 16 Cal.2d 655 [ 107 P.2d 601 ].) Moreover, this erroneous statement of the law was given special emphasis in the argument to the jury.

1953(People v. Costello, 21 Cal.2d 760 [ 135 P.2d 164 ]; People v. Marshall, 59 Cal. 386 ; People v. Agnew, 16 Cal.2d 655 [ 107 P.2d 601 ].) Moreover, this erroneous statement of the law was given special emphasis in the argument to the jury.

11953–1953
People v. Marshall green
cal · 1881
1 sentence

1953(People v. Costello, 21 Cal.2d 760 [ 135 P.2d 164 ]; People v. Marshall, 59 Cal. 386 ; People v. Agnew, 16 Cal.2d 655 [ 107 P.2d 601 ].) Moreover, this erroneous statement of the law was given special emphasis in the argument to the jury.

11953–1953
People v. Agnew green
cal · 1940
2 sentences

1953(People v. Costello, 21 Cal.2d 760 [ 135 P.2d 164 ]; People v. Marshall, 59 Cal. 386 ; People v. Agnew, 16 Cal.2d 655 [ 107 P.2d 601 ].) Moreover, this erroneous statement of the law was given special emphasis in the argument to the jury.

1953(People v. Costello, 21 Cal.2d 760 [ 135 P.2d 164 ]; People v. Marshall, 59 Cal. 386 ; People v. Agnew, 16 Cal.2d 655 [ 107 P.2d 601 ].) Moreover, this erroneous statement of the law was given special emphasis in the argument to the jury.

11953–1953

Statutes the citing opinions construe

CA § Cal. Health and Safety Code § 11362.5 (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 24 (1912–2017) LA 16 (1986–2021) WA 14 (1967–2021) TN 13 (1999–2026) CA 13 (1946–2025) GA 8 (1922–2001) IL 6 (1940–2025) NC 6 (1896–1985) NE 6 (1897–2016) IN 5 (1915–2005) CT 5 (1996–2018) MD 5 (1981–2005) MO 4 (1953–2023) NY 4 (1915–1999) FL 4 (1980–2019) MS 4 (2002–2014) OR 3 (1922–2001) KS 3 (1972–2026) OH 3 (1962–1999) ID 3 (1988–1999) OK 3 (1897–1964) WV 3 (1941–1990) MN 3 (1981–2009) IA 3 (1891–1957) ND 3 (1896–2022) AZ 3 (1971–2018) MA 2 (2011–2026) HI 2 (2001–2020) 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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