burden of establishing error (Wyoming) · Go Syfert
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burden of establishing error in Wyoming

7 Wyoming opinions name it 1 courts 1981–2026 4 in the last five years

The cases below were cited by Wyoming 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 (4)

CaseFollowedCited
Byron Nelson Griggs v. Stategreen
wyo · 2016 · cited in 3 Wyoming opinions naming this issue, 2023–2025
2 sentences

2025“Finally, even if the evidence was improperly admitted, the appellant bears the burden of establishing the error caused material prejudice.” Id. (citing Griggs v. State, 2016 WY 16, ¶ 123 , 367 P.3d 1108, 1142 (Wyo. 2016)).

2025“Finally, even if the evidence was improperly admitted, the appellant bears the burden of establishing the error caused material prejudice.” Id. (citing Griggs v. State, 2016 WY 16, ¶ 123 , 367 P.3d 1108, 1142 (Wyo. 2016)).

23
Monique Huia Sullivan v. The State of Wyominggreen
wyo · 2025 · cited in 1 Wyoming opinions naming this issue, 2026–2026
1 sentence

2026Sullivan, ¶ 19, 561 P.3d at 786 (citation modified).

11
Roderick v. Stategreen
wyo · 1993 · cited in 1 Wyoming opinions naming this issue, 1998–1998
1 sentence

1998Roderick v. State, 858 P.2d 538, 544 (Wyo.1993).

11
State v. Mercergreen
nc · 1969 · cited in 1 Wyoming opinions naming this issue, 1981–1981
2 sentences

1981The only reason I can see that the North Carolina court even went into the question was to reverse the holding of a previous case which held that the defendant does not have the burden of proving unconsciousness. ( State v. Mercer, 275 N.C. 108, 117 , 165 S.E.2d 328, 335 (1969), also cited by the majority.) Its rule is now that the defendant has the burden of establishing the defense of unconsciousness because in North Carolina the defenses of insanity and unconsciousness are considered akin: "* * * We are unable to perceive a reasonable basis for distinction, in this respect, between insanity

1981The only reason I can see that the North Carolina court even went into the question was to reverse the holding of a previous case which held that the defendant does not have the burden of proving unconsciousness. ( State v. Mercer, 275 N.C. 108, 117 , 165 S.E.2d 328, 335 (1969), also cited by the majority.) Its rule is now that the defendant has the burden of establishing the defense of unconsciousness because in North Carolina the defenses of insanity and unconsciousness are considered akin: "* * * We are unable to perceive a reasonable basis for distinction, in this respect, between insanity

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Proffit v. State green
wyo · 2008
1 sentence

2025“Finally, even if the evidence was improperly admitted, the appellant bears the burden of establishing the error caused material prejudice.” Id. (citing Griggs v. State, 2016 WY 16, ¶ 123 , 367 P.3d 1108, 1142 (Wyo. 2016)).

12025–2025
David Wayne Munda v. The State of Wyoming green
wyo · 2023
2 sentences

2024Munda v. State, 2023 WY 90, ¶ 21 , 535 P.3d 523 , 528 (Wyo. 2023) (citing Griggs v. State, 2016 WY 16, ¶ 123 , 367 P.3d 1108, 1142 (Wyo. 2016)). [¶13] On appeal, Mr. Olson admits “it was clearly relevant that he was incarcerated with Mr. Hendershott.” Likewise, he admits his alleged motive for wanting to kill SK to prevent her from testifying against him was relevant.

2024Munda v. State, 2023 WY 90, ¶ 21 , 535 P.3d 523 , 528 (Wyo. 2023) (citing Griggs v. State, 2016 WY 16, ¶ 123 , 367 P.3d 1108, 1142 (Wyo. 2016)). [¶13] On appeal, Mr. Olson admits “it was clearly relevant that he was incarcerated with Mr. Hendershott.” Likewise, he admits his alleged motive for wanting to kill SK to prevent her from testifying against him was relevant.

12024–2024
Spilman v. State green
wyo · 1981
1 sentence

1991Spilman v. State, 633 P.2d 183 (Wyo.1981).

11991–1991

Where else courts name it

CA 195 (1918–2026) TX 93 (1906–2026) MT 83 (1998–2025) IL 81 (1904–2026) NY 80 (1888–2025) PA 54 (1924–2024) OH 53 (1977–2026) LA 42 (1933–2024) MI 41 (1934–2022) CO 39 (1975–2026) WA 39 (1912–2020) GA 35 (1923–2023) NJ 30 (1939–2026) AZ 28 (1971–2025) ID 24 (1924–2024) IN 24 (1913–2025) CT 21 (1912–2021) NM 20 (1969–2025) IA 20 (1879–2023) MN 20 (1904–2025) MO 18 (1891–2021) SC 17 (1962–2026) OR 15 (1984–2025) MS 15 (1962–2017) VA 15 (1944–2022) WV 15 (1962–2026) KS 14 (1898–2026) TN 13 (1996–2025) MD 13 (1916–2026) FL 12 (1962–2024) AL 10 (1980–2005) ND 9 (1927–2024) AR 8 (1988–2012) NC 7 (1957–2020) WY 7 (1981–2026) MA 7 (1980–2012) WI 7 (2001–2026) SD 6 (1963–2015) HI 5 (1980–2023) DE 5 (1970–2025) VT 5 (1946–1982) OK 4 (1950–1976) NV 4 (1973–2018) KY 4 (1923–2016) NE 3 (1987–2004) AK 3 (1978–1994) UT 2 (1941–2017) DC 2 (1972–2001) NH 2 (1982–1983)

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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