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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