21-5108.
Burden of proof; defendant presumed innocent.
(a) In all criminal proceedings, the state has the burden to prove beyond a reasonable doubt that a defendant is guilty of a crime. This standard requires the prosecution to prove beyond a reasonable doubt each required element of a crime.
(b) A defendant is presumed to be innocent until proven guilty. When there is a reasonable doubt as to which of two or more degrees of a crime the defendant is guilty, the defendant shall be convicted of the lowest degree only. When there is a reasonable doubt as to a defendant's guilt, the defendant shall be found not guilty.
(c) A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence. Competent evidence is that which could allow a rational fact finder to reasonably conclude that the defense applies. Once the defendant satisfies the burden of producing such evidence, the state has the burden of disproving the defense beyond a reasonable doubt.
(d) Issues raised under K.S.A. 21-5106, 21-5107 and 21-5110, and amendments thereto, are not affirmative defenses under subsection (c).
History:
L. 2010, ch. 136, § 8; July 1, 2011.
Notes of Decisions
Cited in
55
cases (
37 in the last 5 years), 2014–2026 · leading case:
State v. Haygood, 430 P.3d 11 (Kan. 2018).
State v. Haygood, 430 P.3d 11 (Kan. 2018).
· cites it 6× “) K.S.A. 2017 Supp. 21-5108(c). If a defendant testifies that he shot a victim because she was holding a knife, and a video clearly shows that the defendant did not have a knife, no rational fact-finder could reasonably conclude that the victim had a knife.”
State v. Buck-Schrag, 477 P.3d 1013 (Kan. 2020).
· cites it 5× “The Staten court noted that the line of cases had all been decided before the enactment of K.S.A. 2019 Supp. 21-5108, when the statutory scheme "did not explicitly refer to the burden of proof when the defendant assert[ed] an affirmative defense.”
State v. Keys, 510 P.3d 706 (Kan. 2022).
“" K.S.A. 2020 Supp. 21-5108(c). Keys makes several arguments to support his claim that a self-defense instruction was legally appropriate here.”
State v. Keyes, 472 P.3d 78 (Kan. 2020).
· cites it 2× “See K.S.A. 2019 Supp. 21-5108(c). But the defendant must also show that this affirmative defense was supported by competent evidence—i.”
State v. Barlow, 368 P.3d 331 (Kan. 2016).
“See K.S.A. 2014 Supp. 21-5108(c) (defendant entitled to instruction on every affirmative defense supported by evidence; once defendant produces such evidence, “state has the burden of disproving the defense beyond a reasonable doubt”).”
State v. Staten, 377 P.3d 427 (Kan. 2016).
“In 2010, the Kansas Legislature repealed 21-3109 and created K.S.A. 2011 Supp. 21-5108(c), which read, in relevant part: “(c) A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence.”
May v. Cline, 372 P.3d 1242 (Kan. 2016).
“A defendant claiming self-defense must first meet the burden to come forward with some competent evidence in support of the claim, and thereafter, “the state has the burden of disproving the defense beyond a reasonable doubt.”
Miller v. State, 318 P.3d 155 (Kan. 2014).
“) K.S.A. 2013 Supp. 21-5108(a); see K.S.A. 21-3109; State v.”
State v. Qualls, 439 P.3d 301 (Kan. 2019).
“K.S.A. 2017 Supp. 21-5108(c) requires a requested instruction on every affirmative defense that is supported by competent evidence: "A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence.”
State v. Milo, 510 P.3d 1 (Kan. 2022).
“"A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence.”
State v. Moore, 469 P.3d 648 (Kan. 2020).
“) K.S.A. 2019 Supp. 21-5108(c). As I explained in State v.”
State v. Ross, 445 P.3d 726 (Kan. 2019).
“But our analysis does not end here. We must evaluate whether Ross was prejudiced by this erroneous statement.”
K.S.A. § 21-5108(a): 10 cases
Miller v. State, 318 P.3d 155 (Kan. 2014).
“) K.S.A. 2013 Supp. 21-5108(a); see K.S.A. 21-3109; State v.”
K.S.A. § 21-5108(b): 5 cases
K.S.A. § 21-5108(c): 34 cases
State v. Haygood, 430 P.3d 11 (Kan. 2018).
“) K.S.A. 2017 Supp. 21-5108(c). If a defendant testifies that he shot a victim because she was holding a knife, and a video clearly shows that the defendant did not have a knife, no rational fact-finder could reasonably conclude that the victim had a knife.”
State v. Buck-Schrag, 477 P.3d 1013 (Kan. 2020).
“The Staten court noted that the line of cases had all been decided before the enactment of K.S.A. 2019 Supp. 21-5108, when the statutory scheme "did not explicitly refer to the burden of proof when the defendant assert[ed] an affirmative defense.”
State v. Keys, 510 P.3d 706 (Kan. 2022).
“" K.S.A. 2020 Supp. 21-5108(c). Keys makes several arguments to support his claim that a self-defense instruction was legally appropriate here.”
State v. Keyes, 472 P.3d 78 (Kan. 2020).
“See K.S.A. 2019 Supp. 21-5108(c). But the defendant must also show that this affirmative defense was supported by competent evidence—i.”
State v. Barlow, 368 P.3d 331 (Kan. 2016).
“See K.S.A. 2014 Supp. 21-5108(c) (defendant entitled to instruction on every affirmative defense supported by evidence; once defendant produces such evidence, “state has the burden of disproving the defense beyond a reasonable doubt”).”
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