Topic: the burden of going forward with the evidence and the risk … · Go Syfert
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Topic #28320

3 canonical passages across 3 cases, quoted by 14 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Franklin.

#Case FlagCanonical passage Citers
1 State v. Franklin Anchor
mo · 1992
green “the burden of going forward with the evidence and the risk of nonpersuasion shall be upon the state to show by a preponderance of the evidence that the motion to suppress should be overruled.” 7
2 State v. Deck
mo · 1999
green “in reviewing the trial court's ruling on the matter, this court considers the record made at the suppression hearing as well as the evidence introduced at trial.” 4
3 State v. Davalos
moctapp · 2004
green “the trial court may not be reversed if its decision is plausible, even if we are convinced that we would have weighed the evidence differently if sitting as the trier of fact.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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