burden of proof rule (Maine) · Go Syfert
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burden of proof rule in Maine

7 Maine opinions name it 2 courts 1978–2017 0 in the last five years

The cases below were cited by Maine 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
United States v. Hernandez-Albinogreen
ca1 · 1999 · cited in 1 Maine opinions naming this issue, 2007–2007
1 sentence

2007In United States v. Hernandez-Albino, 177 F.3d 33, 38 (1st Cir.1999), the Court of Appeals stated three requirements for instructing a jury that has indicated it is at an impasse.

11
Gruber v. Grubergreen
me · 1965 · cited in 1 Maine opinions naming this issue, 1978–1978
2 sentences

1978Gruber v. Gruber, 161 Me. 289, 292 , 211 A.2d 583, 585 (1965).

1978Gruber v. Gruber, 161 Me. 289, 292 , 211 A.2d 583, 585 (1965).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
State v. Sweatt green
me · 1981
1 sentence

2017Since It Is a crlmlnal rule and since the rule Itself allows such a motion to be joined with a motion to suppress, the court concludes that the State, although not the movant, carries the burden of establlshlng that it is entitled to maintain possession of the property, In State v Sweatt, 427 A.2d 940 (Me. 1981) provides that; Whether evidence should be suppressed and whether It should be returned to Its owner are distinguishable questions ..........

12017–2017
Ford Motor Company v. Darling's green
me · 2014
2 sentences

2017Ford Motor Co. v. Darling’s, 2014 ME 7, ¶ 33 , 86 A.3d 35 .

2017Ford Motor Co. v. Darling’s, 2014 ME 7, ¶ 33 , 86 A.3d 35 .

12017–2017
Citron v. E.I. Du Pont De Nemours & Co. green
delch · 1990
1 sentence

2003The plaintiff’s [dissenter’s] contrary evidence is unpersuasive and insufficient to discharge her burden of proving that the merger price was unfair.” 584 A.2d at 505 .

12003–2003
In Re WINSHIP green
scotus · 1970
2 sentences

1990In support of his argument, defendant cites In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), and its progeny, contending that any ruling that creates a mandatory presumption relieving the State of its burden of proof is a violation of due process.

1990In support of his argument, defendant cites In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), and its progeny, contending that any ruling that creates a mandatory presumption relieving the State of its burden of proof is a violation of due process.

11990–1990
Gilbert v. California green
scotus · 1967
2 sentences

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

11979–1979
Stovall v. Denno green
scotus · 1967
2 sentences

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

11979–1979
United States v. Wade green
scotus · 1967
2 sentences

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

11979–1979
Manson v. Brathwaite green
scotus · 1977
2 sentences

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

1979As the Supreme Court noted in Manson v. Brathwaite, 432 U.S. at 111-12 , 97 S.Ct. at 2251 : “The driving force behind United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967) [right to counsel at a post-indictment lineup], and Stovall [ 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 ], all decided on the same day, was the Court’s concern with the problems of eyewitness identification.

11979–1979

Where else courts name it

TX 79 (1903–2025) MO 68 (1935–2020) LA 55 (1952–2024) IL 49 (1963–2026) CA 42 (1923–2026) WA 24 (1978–2024) KS 23 (1968–2024) CT 19 (1979–2020) FL 17 (1989–2018) OH 15 (1990–2025) NY 13 (1949–2012) WI 12 (1979–2026) OK 11 (1924–2011) KY 11 (1975–2025) IN 11 (1975–2019) MD 11 (1933–2011) DE 9 (1973–2026) NJ 9 (1978–2021) AZ 9 (1986–2020) PA 9 (1968–2019) MA 9 (1973–2019) UT 8 (1986–2025) MS 8 (1987–2004) NE 8 (1992–2018) ME 7 (1978–2017) MN 7 (1959–2005) MI 7 (1985–2005) HI 7 (1974–2013) VA 6 (1980–2020) NC 6 (1925–2009) CO 6 (1991–2025) TN 5 (1982–2020) AL 4 (1958–2000) OR 4 (1976–2025) NH 4 (1988–2022) DC 4 (1979–2022) AK 4 (1970–1995) IA 3 (1984–2024) SC 3 (1995–2008) AR 3 (1989–2002) MT 3 (1968–2004) WY 3 (1991–2006) NM 2 (1969–1974) WV 2 (2014–2021) SD 2 (1998–1998) GA 2 (1972–2022) VT 2 (1985–2011)

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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