burden to disprove defense (Washington) · Go Syfert
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burden to disprove defense in Washington

7 Washington opinions name it 2 courts 2003–2021 1 in the last five years

The cases below were cited by Washington 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
City of Bremerton v. Widellgreen
wash · 2002 · cited in 2 Washington opinions naming this issue, 2009–2009
2 sentences

2009See Widell, 146 Wash.2d at 570 , 51 P.3d 733 .

2009See Widell, 146 Wn.2d at 570 .

22
City of Bremerton v. Widellgreen
wash · 2002 · cited in 1 Washington opinions naming this issue, 2009–2009
1 sentence

2009See Widell, 146 Wash.2d at 570 , 51 P.3d 733 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
State v. Acosta green
wash · 1984
2 sentences

2021“When instructing the jury that the State has the burden to disprove a defense, ‘a specific instruction is preferable, but failure to provide one is not reversible per se so long as the instructions, taken as a whole, make it clear that the State has the burden.”’ Imokawa, 194 Wn.2d at 397 (quoting State v. Acosta, 101 Wn.2d 612, 621 , 683 P.2d 1069 (1984)).

2021“When instructing the jury that the State has the burden to disprove a defense, ‘a specific instruction is preferable, but failure to provide one is not reversible per se so long as the instructions, taken as a whole, make it clear that the State has the burden.”’ Imokawa, 194 Wn.2d at 397 (quoting State v. Acosta, 101 Wn.2d 612, 621 , 683 P.2d 1069 (1984)).

22019–2021
State v. Ng green
wash · 1988
2 sentences

2003State v. Wai-Chiu Tony Ng, 110 Wn.2d 32, 41 , 750 P.2d 632 (1988).

2003State v. Wai-Chiu Tony Ng, 110 Wn.2d 32, 41 , 750 P.2d 632 (1988).

22003–2003
State v. Tili green
wash · 1999
1 sentence

2021Jury instructions are constitutionally adequate “when, taken as a whole, they properly inform the jury of the applicable law, are not misleading, and permit the defendant to argue his theory of the case.” State v. Tili, 139 Wn.2d 107, 126 , 985 P.2d 365 (1999).

12021–2021
State v. Tili green
wash · 1999
1 sentence

2021Jury instructions are constitutionally adequate “when, taken as a whole, they properly inform the jury of the applicable law, are not misleading, and permit the defendant to argue his theory of the case.” State v. Tili, 139 Wn.2d 107, 126 , 985 P.2d 365 (1999).

12021–2021
State v. Toth neutral
washctapp · 2009
1 sentence

2018App. 610 , 217 P.3d 377 (2009).

12018–2018
State v. Toth neutral
washctapp · 2009
1 sentence

2018Here, the prosecutor explicitly acknowledged that the State carried the burden to disprove the claim of self-defense beyond a reasonable doubt. 8 No. 34781-8-III State v. Francisco Francisco relies on State v. Toth, 152 Wn.

12018–2018

Where else courts name it

PA 18 (2012–2026) TX 7 (1984–2015) WA 7 (2003–2021) MI 4 (2015–2015) OR 3 (1983–2023) IA 3 (2019–2022) NY 3 (1985–2023) KY 3 (1997–2002) GA 2 (1997–2014) IL 2 (1991–2000)

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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