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11 Oklahoma opinions name it 3 courts 1924–2011 0 in the last five years
The cases below were cited by Oklahoma 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.
| Case | Followed | Cited |
|---|---|---|
Knight v. Estesgreen1 sentence1993Knight v. Estes, Okl., 383 P.2d 879, 883 (1963); Bottoms v. Botts, Okl., 349 P.2d 653, 658 (1960). [82] Although the mother objected to nisi prius submission of the contributory negligence issue to the jury, she requested the burden of proof instruction that was given. [83] Timmons v. Royal Globe Ins. | 1 | 1 |
Bottoms v. Bottsgreen1 sentence1993Knight v. Estes, Okl., 383 P.2d 879, 883 (1963); Bottoms v. Botts, Okl., 349 P.2d 653, 658 (1960). [82] Although the mother objected to nisi prius submission of the contributory negligence issue to the jury, she requested the burden of proof instruction that was given. [83] Timmons v. Royal Globe Ins. | 1 | 1 |
Timmons v. Royal Globe Insurance Co.green1 sentence1993Co., Okl., 653 P.2d 907, 915 (1982). [84] Hames v. Anderson, Okl., 571 P.2d 831, 833 (1977). [85] G.A. | 1 | 1 |
Hames v. Andersongreen1 sentence1993Co., Okl., 653 P.2d 907, 915 (1982). [84] Hames v. Anderson, Okl., 571 P.2d 831, 833 (1977). [85] G.A. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. State
green
2 sentences1995Citing Johnson v. State, 731 P.2d 993 (Okl.Cr.1987), cert. denied, 484 U.S. 878 , 108 S.Ct. 35 , 98 L.Ed.2d 167 (1987), this Court held that the burden of proof analysis is not strictly applicable to the weighing process. 1995Citing Johnson v. State, 731 P.2d 993 (Okl.Cr.1987), cert. denied, 484 U.S. 878 , 108 S.Ct. 35 , 98 L.Ed.2d 167 (1987), this Court held that the burden of proof analysis is not strictly applicable to the weighing process. | 4 | 1993–1995 |
Daniels v. State
green
2 sentences1993Quoting to Daniels v. State, 453 N.E.2d 160 (Ind.1983), we stated that while the State must prove beyond a reasonable doubt the existence of at least one of the enumerated aggravating circumstances, the determination of the weight to be accorded the aggravating and mitigating circumstances is not a fact which must be proved beyond a reasonable doubt. 1993Quoting to Daniels v. State, 453 N.E.2d 160 (Ind.1983), we stated that while the State must prove beyond a reasonable doubt the existence of at least one of the enumerated aggravating circumstances, the determination of the weight to be accorded the aggravating and mitigating circumstances is not a fact which must be proved beyond a reasonable doubt. | 3 | 1993–1993 |
Flores v. State
green
2 sentences2011This Court found that the deviation from the uniform instruction amounted to an "impermissible lessening of the burden of proof by expanding the degree of doubt that is permissible" and that the "error was not cured by any other instructions specifically, an appropriate burden of proof instruction". 1995 OK CR 9, ¶ 11 , 896 P.2d at 562 . 133 The present case is clearly distinguishable. 2011This Court found that the deviation from the uniform instruction amounted to an "impermissible lessening of the burden of proof by expanding the degree of doubt that is permissible" and that the "error was not cured by any other instructions specifically, an appropriate burden of proof instruction". 1995 OK CR 9, ¶ 11 , 896 P.2d at 562 . 133 The present case is clearly distinguishable. | 2 | 1995–2011 |
McMillan v. Pennsylvania
red
1 sentence1998Id. at 86 . | 1 | 1998–1998 |
Coffin v. United States
green
2 sentences1995In applying the burden of proof analysis, the Court stated "we decline to follow the cases of Horn v. Territory, 8 Okl. 52 , 56 P. 846 , and Coffin v. United States, 156 U.S. 432 , 15 S.Ct. 394 , 39 L.Ed. 481 , in this respect, and we hold that there was no error in the instruction given." Id. 111 P. at 686 . 1995In applying the burden of proof analysis, the Court stated "we decline to follow the cases of Horn v. Territory, 8 Okl. 52 , 56 P. 846 , and Coffin v. United States, 156 U.S. 432 , 15 S.Ct. 394 , 39 L.Ed. 481 , in this respect, and we hold that there was no error in the instruction given." Id. 111 P. at 686 . | 1 | 1995–1995 |
Romano v. State
green
2 sentences1995Romano, 847 P.2d at 392 . 1995Romano, 847 P.2d at 392 . | 1 | 1995–1995 |
Horn v. Territory of Oklahoma
green
2 sentences1995In applying the burden of proof analysis, the Court stated "we decline to follow the cases of Horn v. Territory, 8 Okl. 52 , 56 P. 846 , and Coffin v. United States, 156 U.S. 432 , 15 S.Ct. 394 , 39 L.Ed. 481 , in this respect, and we hold that there was no error in the instruction given." Id. 111 P. at 686 . 1995In applying the burden of proof analysis, the Court stated "we decline to follow the cases of Horn v. Territory, 8 Okl. 52 , 56 P. 846 , and Coffin v. United States, 156 U.S. 432 , 15 S.Ct. 394 , 39 L.Ed. 481 , in this respect, and we hold that there was no error in the instruction given." Id. 111 P. at 686 . | 1 | 1995–1995 |
Johnson v. Oklahoma
green
2 sentences1995Citing Johnson v. State, 731 P.2d 993 (Okl.Cr.1987), cert. denied, 484 U.S. 878 , 108 S.Ct. 35 , 98 L.Ed.2d 167 (1987), this Court held that the burden of proof analysis is not strictly applicable to the weighing process. 1995Citing Johnson v. State, 731 P.2d 993 (Okl.Cr.1987), cert. denied, 484 U.S. 878 , 108 S.Ct. 35 , 98 L.Ed.2d 167 (1987), this Court held that the burden of proof analysis is not strictly applicable to the weighing process. | 1 | 1995–1995 |
Lewis v. United States
green
2 sentences1995Citing Johnson v. State, 731 P.2d 993 (Okl.Cr.1987), cert. denied, 484 U.S. 878 , 108 S.Ct. 35 , 98 L.Ed.2d 167 (1987), this Court held that the burden of proof analysis is not strictly applicable to the weighing process. 1995Citing Johnson v. State, 731 P.2d 993 (Okl.Cr.1987), cert. denied, 484 U.S. 878 , 108 S.Ct. 35 , 98 L.Ed.2d 167 (1987), this Court held that the burden of proof analysis is not strictly applicable to the weighing process. | 1 | 1995–1995 |
Culpepper v. State
green
2 sentences1995In applying the burden of proof analysis, the Court stated "we decline to follow the cases of Horn v. Territory, 8 Okl. 52 , 56 P. 846 , and Coffin v. United States, 156 U.S. 432 , 15 S.Ct. 394 , 39 L.Ed. 481 , in this respect, and we hold that there was no error in the instruction given." Id. 111 P. at 686 . 1995In applying the burden of proof analysis, the Court stated “we decline to follow the cases of Horn v. Territory, 8 Okl. 52 , 56 P. 846 , and Coffin v. United States, 156 U.S. 432 , 15 S.Ct. 394 , 39 L.Ed. 481 , in this respect, and we hold that there was no error in the instruction given.” Id. 111 P. at 686 . | 1 | 1995–1995 |
Sandstrom v. Montana
green
2 sentences1985Particularly, he argues that by comparing the concept of reasonable doubt to a “teeter-totter”, the jury was left with the erroneous impression during the remainder of voir dire and throughout trial that the presumption of his innocence “teetered” to a presumption of guilt once the prosecutor presented any evidence to establish that the crimes had been committed by him, thereby imperissibly shifting the burden of proof in violation of Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). 1 *967 A review of the record reveals that Vaughn objected to the complained of commen 1985Particularly, he argues that by comparing the concept of reasonable doubt to a “teeter-totter”, the jury was left with the erroneous impression during the remainder of voir dire and throughout trial that the presumption of his innocence “teetered” to a presumption of guilt once the prosecutor presented any evidence to establish that the crimes had been committed by him, thereby imperissibly shifting the burden of proof in violation of Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). 1 *967 A review of the record reveals that Vaughn objected to the complained of commen | 1 | 1985–1985 |
Fiorot v. State
green
1 sentence1985We have held in Fiorot v. State, 641 P.2d 551 (Okl.Cr.1982), that total failure of the accused to request the jury be admonished to disregard prose-cutorial comments results in a waiver of alleged errors. | 1 | 1985–1985 |
Beatty v. State
neutral
1 sentence1925Beatty v. State, 5 Okla. | 1 | 1925–1925 |
Morse v. Mason
neutral
1 sentence1924But if it seems that the needed fact is inadvertently omitted, or it is a fact which is susceptible of proof, one way or the other, the usual course is for this court to discharge the case stated, and remand the un-seliled question of fact to be tried in. the superior court, by the proper tribunal.” Gregory v. Pierce, 4 Met. 478 ; LeFavour v. Homan, 3 Allen, 354 ; Morse v. Mason, 103 Mass. 560 ; Meserve v. Andrews, 104 Mass. 360 . | 1 | 1924–1924 |
Meserve v. Andrews
neutral
1 sentence1924But if it seems that the needed fact is inadvertently omitted, or it is a fact which is susceptible of proof, one way or the other, the usual course is for this court to discharge the case stated, and remand the un-seliled question of fact to be tried in. the superior court, by the proper tribunal.” Gregory v. Pierce, 4 Met. 478 ; LeFavour v. Homan, 3 Allen, 354 ; Morse v. Mason, 103 Mass. 560 ; Meserve v. Andrews, 104 Mass. 360 . | 1 | 1924–1924 |
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.
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.