State to disprove defense (Connecticut) · Go Syfert
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State to disprove defense in Connecticut

6 Connecticut opinions name it 2 courts 1993–2020 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 (3)

CaseFollowedCited
State v. Kitchensgreen
conn · 2011 · cited in 1 Connecticut opinions naming this issue, 2020–2020
2 sentences

2020See State v. Ebron, 292 Conn. 656, 695 , 975 A.2d 17 (2009) (‘‘assertion and proof of the justification defense . . . remains the defendant’s responsibility in the first instance’’), overruled in part on other grounds by State v. Kitchens, 299 Conn. 447 , 10 A.3d 942 (2011).

2020See State v. Ebron, 292 Conn. 656, 695 , 975 A.2d 17 (2009) (‘‘assertion and proof of the justification defense . . . remains the defendant’s responsibility in the first instance’’), overruled in part on other grounds by State v. Kitchens, 299 Conn. 447 , 10 A.3d 942 (2011).

11
State v. Ebrongreen
conn · 2009 · cited in 1 Connecticut opinions naming this issue, 2020–2020
2 sentences

2020See State v. Ebron, 292 Conn. 656, 695 , 975 A.2d 17 (2009) (‘‘assertion and proof of the justification defense . . . remains the defendant’s responsibility in the first instance’’), overruled in part on other grounds by State v. Kitchens, 299 Conn. 447 , 10 A.3d 942 (2011).

2020See State v. Ebron, 292 Conn. 656, 695 , 975 A.2d 17 (2009) (‘‘assertion and proof of the justification defense . . . remains the defendant’s responsibility in the first instance’’), overruled in part on other grounds by State v. Kitchens, 299 Conn. 447 , 10 A.3d 942 (2011).

11
State v. Clarkgreen
conn · 2003 · cited in 1 Connecticut opinions naming this issue, 2015–2015
2 sentences

2015See State v. Clark, 264 Conn. 723, 730 , 826 A.2d 128 (2003) (‘‘Whereas an affirmative defense requires the defen- dant to establish his claim by a preponderance of the evidence, a properly raised defense places the burden on the state to disprove the defendant’s claim beyond a reasonable doubt.

2015See State v. Clark, 264 Conn. 723, 730 , 826 A.2d 128 (2003) (‘‘Whereas an affirmative defense requires the defen- dant to establish his claim by a preponderance of the evidence, a properly raised defense places the burden on the state to disprove the defendant’s claim beyond a reasonable doubt.

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 (6)

CaseCitedYears
State v. Williams green
conn · 1996
1 sentence

2016Second, in State v. Williams , 41 Conn.App. 180 , 674 A.2d 1372 , cert. denied, 237 Conn. 925 , 677 A.2d 950 (1996), the defendant raised an alibi defense, and even though the burden rested with the state to disprove the defense, the prosecutor in that case improperly shifted the burden.

12016–2016
State v. Peters green
conn · 1996
1 sentence

2016Second, in State v. Williams , 41 Conn.App. 180 , 674 A.2d 1372 , cert. denied, 237 Conn. 925 , 677 A.2d 950 (1996), the defendant raised an alibi defense, and even though the burden rested with the state to disprove the defense, the prosecutor in that case improperly shifted the burden.

12016–2016
State v. Williams neutral
connappct · 1996
2 sentences

2016Second, in State v. Williams , 41 Conn.App. 180 , 674 A.2d 1372 , cert. denied, 237 Conn. 925 , 677 A.2d 950 (1996), the defendant raised an alibi defense, and even though the burden rested with the state to disprove the defense, the prosecutor in that case improperly shifted the burden.

2016Second, in State v. Williams , 41 Conn.App. 180 , 674 A.2d 1372 , cert. denied, 237 Conn. 925 , 677 A.2d 950 (1996), the defendant raised an alibi defense, and even though the burden rested with the state to disprove the defense, the prosecutor in that case improperly shifted the burden.

12016–2016
State v. Montanez green
conn · 2006
2 sentences

2010The tendency of an irrelevant instruction to mislead the jury instead must be considered in the context of the whole charge.” (Citations omitted; internal quotation marks omitted.) State v. Montanez, 277 Conn. 735, 746 , 894 A.2d 928 (2006).

2010The tendency of an irrelevant instruction to mislead the jury instead must be considered in the context of the whole charge.” (Citations omitted; internal quotation marks omitted.) State v. Montanez, 277 Conn. 735, 746 , 894 A.2d 928 (2006).

12010–2010
State v. Singleton green
connappct · 2006
2 sentences

2009The option never was afforded to the defendant.... [T]he improper instructions [thus] prejudiced the defendant by making it easier for the state to disprove the claim of self-defense." Id., at 697 , 905 A.2d 725 .

2009The option never was afforded to the defendant.... [T]he improper instructions [thus] prejudiced the defendant by making it easier for the state to disprove the claim of self-defense." Id., at 697 , 905 A.2d 725 .

12009–2009
State v. Roman neutral
connappct · 1991
2 sentences

1993State v. Roman, 25 Conn. App. 734, 737-38 , 596 A.2d 930 (1991).

1993State v. Roman, 25 Conn. App. 734, 737-38 , 596 A.2d 930 (1991).

11993–1993

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-59 (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 49 (1991–2025) GA 26 (1981–2017) IL 17 (1989–2026) FL 10 (1991–2018) CT 6 (1993–2020) WA 6 (2013–2021) MN 6 (1991–2024) IA 5 (1973–2019) NJ 4 (1994–2019) WI 4 (1993–2025) IN 4 (2005–2024) UT 3 (2011–2018) HI 3 (1998–2020) OR 2 (2024–2024) ME 2 (1983–1994)

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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