State must disprove factors (Illinois) · Go Syfert
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State must disprove factors in Illinois

9 Illinois opinions name it 1 courts 1989–2015 0 in the last five years

The cases below were cited by Illinois 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
People v. Bucknergreen
illappct · 1990 · cited in 6 Illinois opinions naming this issue, 1993–2015
2 sentences

2009See People v. Thompson, 354 Ill.App.3d 579, 586 , 290 Ill.Dec. 352 , 821 N.E.2d 664 (2004) ("Once the defendant carries his burden of proving any of the factors in mitigation, the burden shifts back to the State to prove the absence of the implicated mitigating factors beyond a reasonable doubt"); People v. Izquierdo-Flores, 332 Ill.App.3d 632, 638 , 266 Ill.Dec. 216 , 773 N.E.2d 1286 (2002) ("If the defendant meets [the burden to prove the presence of a mitigating factor by a preponderance of the evidence], then the State must disprove beyond a reasonable doubt any mitigating factor that the

2009App. 3d 908, 919 (1993) (if the defendant presents mitigating evidence, "the State must disprove those factors beyond a reasonable doubt"); People v. Buckner, 203 Ill.

26
People v. Thompsongreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009See People v. Thompson, 354 Ill.App.3d 579, 586 , 290 Ill.Dec. 352 , 821 N.E.2d 664 (2004) ("Once the defendant carries his burden of proving any of the factors in mitigation, the burden shifts back to the State to prove the absence of the implicated mitigating factors beyond a reasonable doubt"); People v. Izquierdo-Flores, 332 Ill.App.3d 632, 638 , 266 Ill.Dec. 216 , 773 N.E.2d 1286 (2002) ("If the defendant meets [the burden to prove the presence of a mitigating factor by a preponderance of the evidence], then the State must disprove beyond a reasonable doubt any mitigating factor that the

2009See People v. Thompson, 354 Ill.App.3d 579, 586 , 290 Ill.Dec. 352 , 821 N.E.2d 664 (2004) ("Once the defendant carries his burden of proving any of the factors in mitigation, the burden shifts back to the State to prove the absence of the implicated mitigating factors beyond a reasonable doubt"); People v. Izquierdo-Flores, 332 Ill.App.3d 632, 638 , 266 Ill.Dec. 216 , 773 N.E.2d 1286 (2002) ("If the defendant meets [the burden to prove the presence of a mitigating factor by a preponderance of the evidence], then the State must disprove beyond a reasonable doubt any mitigating factor that the

11
People v. Izquierdo-Floresgreen
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009See People v. Thompson, 354 Ill.App.3d 579, 586 , 290 Ill.Dec. 352 , 821 N.E.2d 664 (2004) ("Once the defendant carries his burden of proving any of the factors in mitigation, the burden shifts back to the State to prove the absence of the implicated mitigating factors beyond a reasonable doubt"); People v. Izquierdo-Flores, 332 Ill.App.3d 632, 638 , 266 Ill.Dec. 216 , 773 N.E.2d 1286 (2002) ("If the defendant meets [the burden to prove the presence of a mitigating factor by a preponderance of the evidence], then the State must disprove beyond a reasonable doubt any mitigating factor that the

2009See People v. Thompson, 354 Ill.App.3d 579, 586 , 290 Ill.Dec. 352 , 821 N.E.2d 664 (2004) ("Once the defendant carries his burden of proving any of the factors in mitigation, the burden shifts back to the State to prove the absence of the implicated mitigating factors beyond a reasonable doubt"); People v. Izquierdo-Flores, 332 Ill.App.3d 632, 638 , 266 Ill.Dec. 216 , 773 N.E.2d 1286 (2002) ("If the defendant meets [the burden to prove the presence of a mitigating factor by a preponderance of the evidence], then the State must disprove beyond a reasonable doubt any mitigating factor that the

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
People v. Golden green
illappct · 1993
2 sentences

2009See People v. Thompson, 354 Ill.App.3d 579, 586 , 290 Ill.Dec. 352 , 821 N.E.2d 664 (2004) ("Once the defendant carries his burden of proving any of the factors in mitigation, the burden shifts back to the State to prove the absence of the implicated mitigating factors beyond a reasonable doubt"); People v. Izquierdo-Flores, 332 Ill.App.3d 632, 638 , 266 Ill.Dec. 216 , 773 N.E.2d 1286 (2002) ("If the defendant meets [the burden to prove the presence of a mitigating factor by a preponderance of the evidence], then the State must disprove beyond a reasonable doubt any mitigating factor that the

2009See People v. Thompson, 354 Ill.App.3d 579, 586 , 290 Ill.Dec. 352 , 821 N.E.2d 664 (2004) ("Once the defendant carries his burden of proving any of the factors in mitigation, the burden shifts back to the State to prove the absence of the implicated mitigating factors beyond a reasonable doubt"); People v. Izquierdo-Flores, 332 Ill.App.3d 632, 638 , 266 Ill.Dec. 216 , 773 N.E.2d 1286 (2002) ("If the defendant meets [the burden to prove the presence of a mitigating factor by a preponderance of the evidence], then the State must disprove beyond a reasonable doubt any mitigating factor that the

12009–2009
People v. Graca green
illappct · 1991
1 sentence

1994(People v. Graca (1991), 220 Ill.

11994–1994
People v. Ranola green
illappct · 1987
1 sentence

1991App. 3d 92 , 505 N.E.2d 1191 .) In addition, when some evidence of self-defense is presented by a defendant, the State must disprove the defense beyond a reasonable doubt.

11991–1991
People v. Colson neutral
illappct · 1989
1 sentence

1991(People v. Colson (1989), 187 Ill.

11991–1991
People v. Brisbon green
ill · 1985
2 sentences

1989(People v. Brisbon (1985), 106 Ill. 2d 342, 360 , 478 N.E.2d 402 .) Moreover, when some evidence of self-defense is presented by a defendant, the State must disprove the defense beyond a reasonable doubt.

1989(People v. Brisbon (1985), 106 Ill. 2d 342, 360 , 478 N.E.2d 402 .) Moreover, when some evidence of self-defense is presented by a defendant, the State must disprove the defense beyond a reasonable doubt.

11989–1989
People v. Estes green
illappct · 1984
1 sentence

1989People v. Estes (1984), 127 Ill.

11989–1989

Statutes the citing opinions construe

IL § 720 ILCS 5/9-2 (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

TX 19 (1984–2026) IL 9 (1989–2015) NV 5 (1984–2018) FL 5 (2010–2017) KS 5 (2018–2024) CT 4 (1995–2026) GA 4 (1997–2017) IN 4 (2010–2017) UT 2 (2019–2021) WI 2 (1989–2005) WA 2 (2016–2020) OR 2 (1980–1997)

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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