burden-shifting instruction (Arizona) · Go Syfert
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burden-shifting instruction in Arizona

10 Arizona opinions name it 2 courts 1982–2026 3 in the last five years

The cases below were cited by Arizona 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 (10)

CaseFollowedCited
Francis v. Franklingreen
scotus · 1985 · cited in 2 Arizona opinions naming this issue, 1991–2026
2 sentences

2026See Francis v. Franklin, 471 U.S. 307 , 322-23 (1985) (“A reviewing court has no way of knowing which of the two irreconcilable instructions the jurors applied . . . .”). ¶36 The dissent contends that Francis is inapposite because it concerned a burden-shifting presumption rather than a sequencing conflict.

1991See Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985); Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979).

22
State v. Jensengreen
ariz · 1987 · cited in 2 Arizona opinions naming this issue, 1990–1990
2 sentences

1990Our Supreme Court in State v. Jensen, 153 Ariz. 171 , 735 P.2d 781 (1978) held that a burden-shifting instruction on malice given the jury by the court constituted harmless error where the trial court repeatedly emphasized to the jury that the state had the burden of proving the charge against the defendant beyond a reasonable doubt.

1990Our Supreme Court in State v. Jensen, 153 Ariz. 171 , 735 P.2d 781 (1978) held that a burden-shifting instruction on malice given the jury by the court constituted harmless error where the trial court repeatedly emphasized to the jury that the state had the burden of proving the charge against the defendant beyond a reasonable doubt.

12
Vig v. Nix Project II Partnershipgreen
arizctapp · 2009 · cited in 1 Arizona opinions naming this issue, 2026–2026
1 sentence

2026When the party moving for summary judgment has the burden of proof, it must “demonstrate[e] the absence of a genuine issue of material fact as to each element of its claim and each defense.” Vig v. Nix Project II P’ship, 221 Ariz. 393, ¶ 11 (App. 2009).

11
Orme School v. Reevesgreen
ariz · 1990 · cited in 1 Arizona opinions naming this issue, 2026–2026
1 sentence

2026Rather, the moving party is only required to “‘point out by specific reference to the relevant discovery that no evidence exist[s] to support an essential element of the [non-moving party’s] claim’ or defense.” Id. (alterations in Thruston) (quoting Orme Sch. v. Reeves, 166 Ariz. 301, 310 (1990)). 4The County asserts this burden-shifting framework does not apply here because Taylor made his claim under public records law, not open meeting law.

11
State v. Cannongreen
ariz · 1988 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021In State v. Cannon, 157 Ariz. 107, 107 (1988), the supreme court concluded the omission of a burden-shifting instruction entirely was not fundamental error because the jury had been instructed on the State’s general burden of proof.

11
McDonnell Douglas Corp. v. Greengreen
scotus · 1973 · cited in 1 Arizona opinions naming this issue, 2017–2017
1 sentence

2017See MacLean, 195 Ariz. at 246, ¶ 36 ; see also McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-07 (1973) (explaining the proper burden shifting analysis applicable to employment discrimination cases).

11
MacLean v. State Dept. of Educ.green
arizctapp · 1999 · cited in 1 Arizona opinions naming this issue, 2017–2017
1 sentence

2017See MacLean, 195 Ariz. at 246, ¶ 36 ; see also McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-07 (1973) (explaining the proper burden shifting analysis applicable to employment discrimination cases).

11
State v. Garciagreen
arizctapp · 1986 · cited in 1 Arizona opinions naming this issue, 1991–1991
2 sentences

1991See Garcia, 152 Ariz. at 247 , 250 n. 4, 731 P.2d at 612 , 615 n. 4.

1991See Garcia, 152 Ariz. at 247 , 250 n. 4, 731 P.2d at 612 , 615 n. 4.

11
Chapman v. Californiayellow
scotus · 1967 · cited in 1 Arizona opinions naming this issue, 1990–1990
2 sentences

1990See Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

1990See Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

11
County Court of Ulster Cty. v. Allengreen
scotus · 1979 · cited in 1 Arizona opinions naming this issue, 1983–1983
2 sentences

1983The instruction in the case at bar is clearly distinguishable from those in Sandstrom and Mincey in that it creates merely a permissive inference; i.e., it allows — but does not require — the jury to infer intent from the commission of the act and therefore places no burden upon the defendant. 2 The test for the constitutionality of a permissive inference was outlined in County Court of Ulster Cty. v. Allen, 442 U.S. 140, 157 , 99 S.Ct. 2213, 2225 , 60 L.Ed.2d 777, 792 (1979): Because this permissive presumption leaves the trier of fact free to credit or reject the inference and does not shift

1983The instruction in the case at bar is clearly distinguishable from those in Sandstrom and Mincey in that it creates merely a permissive inference; i.e., it allows — but does not require — the jury to infer intent from the commission of the act and therefore places no burden upon the defendant. 2 The test for the constitutionality of a permissive inference was outlined in County Court of Ulster Cty. v. Allen, 442 U.S. 140, 157 , 99 S.Ct. 2213, 2225 , 60 L.Ed.2d 777, 792 (1979): Because this permissive presumption leaves the trier of fact free to credit or reject the inference and does not shift

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
State v. Hunter green
ariz · 1984
2 sentences

2021The State always has the burden of proof[.]” (Emphasis added.) Nonetheless, even with these attempts to clarify the shifting burden regarding self-defense, neither attorney ever directly stated that the burden-shifting instruction applied to both justification defenses. ¶18 As in State v. Hunter, the given instructions did not make clear that the State was required to disprove York’s claim of self-defense if he provided evidence to support it. 142 Ariz. 88 , 89-90 (1984) (concluding the given self-defense instruction constituted fundamental error because it was unclear that the State was requi

1991Hunter established the rule that giving an improper burden-shifting instruction regarding self-defense is fundamental error, holding that “[t]he instructions did not make it clear that ... the burden on the state was ... to disprove *183 beyond a reasonable doubt that appellant acted in self-defense.” 142 Ariz. at 90 , 688 P.2d at 982 .

21991–2021
National Bank of Arizona v. Thruston green
arizctapp · 2008
1 sentence

2026Rather, the moving party is only required to “‘point out by specific reference to the relevant discovery that no evidence exist[s] to support an essential element of the [non-moving party’s] claim’ or defense.” Id. (alterations in Thruston) (quoting Orme Sch. v. Reeves, 166 Ariz. 301, 310 (1990)). 4The County asserts this burden-shifting framework does not apply here because Taylor made his claim under public records law, not open meeting law.

12026–2026
Coffin v. United States green
scotus · 1895
2 sentences

1992BURDEN SHIFTING The presumption of a criminal defendant’s innocence is an “ ‘axiomatic and elementary’ principle whose ‘enforcement lies at the foundation of the administration of our criminal law.’ ” In re Winship, 397 U.S. 358, 363 , 90 S.Ct. 1068, 1072 , 25 L.Ed.2d 368 (1970) (quoting Coffin v. United States, 156 U.S. 432, 453 , 15 S.Ct. 394, 403 , 39 L.Ed. 481 (1895)).

1992BURDEN SHIFTING The presumption of a criminal defendant’s innocence is an “ ‘axiomatic and elementary’ principle whose ‘enforcement lies at the foundation of the administration of our criminal law.’ ” In re Winship, 397 U.S. 358, 363 , 90 S.Ct. 1068, 1072 , 25 L.Ed.2d 368 (1970) (quoting Coffin v. United States, 156 U.S. 432, 453 , 15 S.Ct. 394, 403 , 39 L.Ed. 481 (1895)).

11992–1992
In Re WINSHIP green
scotus · 1970
2 sentences

1992BURDEN SHIFTING The presumption of a criminal defendant’s innocence is an “ ‘axiomatic and elementary’ principle whose ‘enforcement lies at the foundation of the administration of our criminal law.’ ” In re Winship, 397 U.S. 358, 363 , 90 S.Ct. 1068, 1072 , 25 L.Ed.2d 368 (1970) (quoting Coffin v. United States, 156 U.S. 432, 453 , 15 S.Ct. 394, 403 , 39 L.Ed. 481 (1895)).

1992BURDEN SHIFTING The presumption of a criminal defendant’s innocence is an “ ‘axiomatic and elementary’ principle whose ‘enforcement lies at the foundation of the administration of our criminal law.’ ” In re Winship, 397 U.S. 358, 363 , 90 S.Ct. 1068, 1072 , 25 L.Ed.2d 368 (1970) (quoting Coffin v. United States, 156 U.S. 432, 453 , 15 S.Ct. 394, 403 , 39 L.Ed. 481 (1895)).

11992–1992
Sandstrom v. Montana green
scotus · 1979
2 sentences

1991See Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985); Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979).

1991See Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985); Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979).

11991–1991
State v. Mincey green
ariz · 1981
2 sentences

1990See, e.g., State v. Jensen, 153 Ariz. 171, 176 , 735 P.2d 781, 786 (1987); Mincey, 130 Ariz. at 396-98 , 636 P.2d at 644-47 .

1990See, e.g., State v. Jensen, 153 Ariz. 171, 176 , 735 P.2d 781, 786 (1987); Mincey, 130 Ariz. at 396-98 , 636 P.2d at 644-47 .

11990–1990
United States v. Ronald Robinson green
ca2 · 1976
1 sentence

1982The instruction here is not the burden-shifting instruction criticized in a line of federal eases, including United States v. Robinson, 545 F.2d 301 (2nd Cir.1976), and Cohen v. United States, 378 F.2d *395 751 (9th Cir.1967).

11982–1982

Where else courts name it

TX 266 (1985–2026) OH 217 (1990–2026) CA 200 (1985–2026) MI 120 (1980–2026) NJ 82 (1991–2026) CT 70 (1988–2026) TN 57 (1999–2026) NY 49 (1980–2026) WA 48 (1981–2026) MA 40 (1980–2026) PA 37 (1976–2026) KY 32 (2005–2026) FL 32 (1988–2026) IN 31 (1991–2026) GA 30 (1981–2025) ME 29 (2003–2025) LA 29 (1992–2023) NC 27 (2005–2026) MN 26 (1997–2025) IA 25 (1985–2026) IL 25 (1998–2026) MO 25 (1998–2025) KS 24 (1979–2026) VT 21 (1982–2025) OR 21 (1994–2026) RI 20 (2001–2019) HI 18 (1996–2025) DC 18 (1995–2026) WV 14 (1982–2025) MD 14 (1976–2026) VA 13 (1990–2026) UT 12 (1999–2025) ID 11 (1980–2023) AL 11 (1991–2026) CO 10 (1990–2025) WI 10 (1979–2025) AZ 10 (1982–2026) DE 9 (2011–2025) NE 9 (2006–2024) NV 8 (2020–2025) SC 7 (1984–1996) NM 7 (1991–2025) AK 7 (1982–2022) SD 6 (2003–2019) MT 6 (1979–2007) WY 4 (2007–2018) NH 4 (2016–2025) MS 4 (2000–2020) OK 2 (2012–2020) ND 2 (2001–2004) PR 2 (2011–2026) AR 2 (1951–2011)

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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