conclusive or burden-shifting presumption (Connecticut) · Go Syfert
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conclusive or burden-shifting presumption in Connecticut

9 Connecticut opinions name it 2 courts 1986–1996 0 in the last five years

The cases below were cited by Connecticut 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 (2)

CaseFollowedCited
Francis v. Franklingreen
scotus · 1985 · cited in 6 Connecticut opinions naming this issue, 1986–1996
2 sentences

1996See Francis v. Franklin, 471 U.S. 307 , 105 S. Ct. 1965 , 85 L.

1996See Francis v. Franklin, 471 U.S. 307 , 105 S. Ct. 1965 , 85 L.

66
United States v. United States Gypsum Co.green
scotus · 1978 · cited in 1 Connecticut opinions naming this issue, 1986–1986
2 sentences

1986See United States v. United States Gypsum Co., 438 U.S. 422 , 98 S. Ct. 2864 , 57 L.

1986See United States v. United States Gypsum Co., 438 U.S. 422 , 98 S. Ct. 2864 , 57 L.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
County Court of Ulster Cty. v. Allen green
scotus · 1979
2 sentences

1995Sandstrom does not invalidate, for example, the use of an ‘entirely permissive inference or presumption, which allows — but does not require — the trier of fact to infer the elemental fact from proof by the prosecutor of the basic one and that places no burden of any kind on the defendant.’ Ulster County Court v. Allen, 442 U.S. 140, 157 , 99 S. Ct. 2213 , 60 L.

1995Sandstrom does not invalidate, for example, the use of an ‘entirely permissive inference or presumption, which allows — but does not require — the trier of fact to infer the elemental fact from proof by the prosecutor of the basic one and that places no burden of any kind on the defendant.’ Ulster County Court v. Allen, 442 U.S. 140, 157 , 99 S. Ct. 2213 , 60 L.

11995–1995
State v. Widget neutral
connappct · 1987
2 sentences

1988Ed. 2d 598 (1986)]; State v. Widget, 11 Conn. App. 47, 52 , 525 A.2d 548 (1987).” State v. Silano, supra. “In Sandstrom v. Montana, supra, 517-24 , the United States Supreme Court held that a jury instruction that ‘the law presumes that a person intends the ordinary consequences of his voluntary acts’ violated the defendant’s due process rights because a reasonable jury could have interpreted the instruction as a conclusive or burden-shifting presumption and thus relieved the state of its burden of proving every element of the crime.

1988Ed. 2d 598 (1986)]; State v. Widget, 11 Conn. App. 47, 52 , 525 A.2d 548 (1987).” State v. Silano, supra. “In Sandstrom v. Montana, supra, 517-24 , the United States Supreme Court held that a jury instruction that ‘the law presumes that a person intends the ordinary consequences of his voluntary acts’ violated the defendant’s due process rights because a reasonable jury could have interpreted the instruction as a conclusive or burden-shifting presumption and thus relieved the state of its burden of proving every element of the crime.

11988–1988
State v. Williams green
conn · 1986
2 sentences

1987Id., 517-24 . 10 Although the defendant here took no exception to the portion of the instruction at issue, his claim is reviewable under State v. Evans, supra. See State v. Williams, 199 Conn. 30, 33 , 505 A.2d 699 (1986).

1987Id., 517-24 . 10 Although the defendant here took no exception to the portion of the instruction at issue, his claim is reviewable under State v. Evans, supra. See State v. Williams, 199 Conn. 30, 33 , 505 A.2d 699 (1986).

11987–1987
Sandstrom v. Montana green
scotus · 1979
1 sentence

1987Id., 517-24 . 10 Although the defendant here took no exception to the portion of the instruction at issue, his claim is reviewable under State v. Evans, supra. See State v. Williams, 199 Conn. 30, 33 , 505 A.2d 699 (1986).

11987–1987

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-134 (3) CT § Conn. Gen. Stat. § 53a-92 (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

CT 9 (1986–1996) MA 3 (1984–2000) VT 2 (1983–2011) NC 2 (1981–2005) TX 2 (2000–2019) MT 2 (1980–1980)

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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