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

6 Minnesota opinions name it 2 courts 1991–2024 1 in the last five years

The cases below were cited by Minnesota 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
State v. Paigegreen
minn · 1977 · cited in 3 Minnesota opinions naming this issue, 1995–2018
2 sentences

2018"Once the defendant has come forward initially with evidence of the permit, the state's difficulty in 'proving a negative' is alleviated, making it reasonable for the state to disprove the defense." Id. at 304 .

1995By placing on the defendant an initial burden of production, "the state's difficulty in ‘proving a negative’ is alleviated, making it reasonable for the state to disprove the defense.” State v. Paige, 256 N.W.2d 298, 304 (Minn.1977), cited in Charlton, 338 N.W.2d at 31 . .

23
State v. Charltongreen
minn · 1983 · cited in 2 Minnesota opinions naming this issue, 1991–1995
2 sentences

1995By placing on the defendant an initial burden of production, "the state's difficulty in ‘proving a negative’ is alleviated, making it reasonable for the state to disprove the defense.” State v. Paige, 256 N.W.2d 298, 304 (Minn.1977), cited in Charlton, 338 N.W.2d at 31 . .

1995Laski 1916-1935 738 (Mark DeWolfe Howe ed., 1953); Silas Bent, Justice Oliver Wendell Holmes 197 (1932). [8] By placing on the defendant an initial burden of production, "the state's difficulty in `proving a negative' is alleviated, making it reasonable for the state to disprove the defense." State v. Paige, 256 N.W.2d 298, 304 (Minn.1977), cited in Charlton, 338 N.W.2d at 31 . [9] The justification statutes discussed in State v. Boyce are Minnesota Statutes §§ 609.06-.065 (1994).

12
State v. Radkegreen
minn · 2012 · cited in 1 Minnesota opinions naming this issue, 2024–2024
1 sentence

2024Compare State v. Radke, 821 N.W.2d 316, 325 (Minn. 2012) (concluding that the defendant’s self-defense claim failed because the State disproved that the defendant was not the initial aggressor), with Basting, 572 N.W.2d at 286 (concluding that the district court did not err when it found that the defendant did not act in self-defense in part because it “could have determined that [the defendant] used more force than was necessary”).

11
State v. Bastinggreen
minn · 1997 · cited in 1 Minnesota opinions naming this issue, 2024–2024
1 sentence

2024Compare State v. Radke, 821 N.W.2d 316, 325 (Minn. 2012) (concluding that the defendant’s self-defense claim failed because the State disproved that the defendant was not the initial aggressor), with Basting, 572 N.W.2d at 286 (concluding that the district court did not err when it found that the defendant did not act in self-defense in part because it “could have determined that [the defendant] used more force than was necessary”).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
State v. Auchampach green
minn · 1995
1 sentence

2009Id. at 816-17 n. 7.

12009–2009

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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