Burden of proof as to defenses
Source:
Section 161.055 — Burden of proof as to defenses, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Where no evidence is given at trial in support of defense raised in pretrial notice, defense issue need not be submitted to jury. State v. Williams, 12 Or App 21, 503 P2d 1254 (1972), Sup Ct review denied; State v. Davis, 14 Or App 422, 512 P2d 1366 (1973), Sup Ct review denied
Under evidence that victim of assault with which defendant was charged was aggressor in fight, defendant was entitled to instruction to jury that State must prove beyond reasonable doubt that defendant had not acted in self defense. State v. McMullen, 34 Or App 749, 579 P2d 879 (1978)
State is not required to disprove affirmative defense raised at trial. State v. Caswell, 53 Or App 693, 633 P2d 24 (1981), Sup Ct review denied
Nothing in this section or any other section authorizes court, over defendant’s objection, to impose defense of not responsible due to mental disease or defect, whether or not state requests it. State v. Peterson, 70 Or App 333, 689 P2d 985 (1984)
When “defense” other than “affirmative defense” is raised at trial, state has burden to disprove defense beyond reasonable doubt. State v. George, 72 Or App 135, 694 P2d 1011 (1985); State v. Olson, 79 Or App 302, 719 P2d 55 (1986)
Where state for first time in rebuttal introduces new evidence to meet burden of disproving defense raised in defendant’s case-in-chief, defendant should be permitted surrebuttal. State v. Wilkins, 175 Or App 569, 29 P3d 1144 (2001), Sup Ct review denied
Even though witness did not observe beginning of exchange that led to assault, defendant was entitled to raise defense of self-defense and defendant was not required to prove that defendant was not initial aggressor because witness testified that witness saw victim pointing gun at defendant and reasonable factfinder could conclude that there was too much uncertainty about what had transpired to be persuaded that defendant did not act in self-defense. State v. Wolf, 288 Or App 613, 406 P3d 1105 (2017)
Law Review Citations
51 OLR 534 (1972); 10 WLJ 156 (1974)
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