burden of proof affirmative defense

• Erie Cty. Sheriff v. Dalton, (Ohio 2011)

Without a complete transcript of the proceedings as required by App.R. 9(B)(1), this court cannot determine whether the trial court erred by rejecting appellant's theory of an affirmative defense to the charge of failure to maintain reasonable control or whether the trial court ruled that appellant failed to meet his burden of proof of an affirmative defense. Thus, we presume the regularity of the trial court proceedings and hold that the trial court did not err in convicting appellant.

• Ohio Supreme Court

• Suicide and the Life Insurance Death Claim[Dagger]

The problem of determining whether a death was accidental or suicidal frequently arises and is of great importance in coroner's investigations, insurance claims, and in worker's compensation proceedings. Most life insurance contracts exclude coverage of death by suicide, sane or insane, occurring within a contestable period usually fixed at one or two years after the issuance of the policy. In a suit on a life insurance policy with suicide as an affirmative defense, the burden of proof is on the insurer to prove the insured committed suicide. In most cases, the issue of suicide is one of fact for the jury or judicial fact finder. Defense counsel for the insurer should be prepared to present facts and circumstances that exclude with reasonable certainty any hypothesis of death by any mea...

• FDCC Quarterly
• Vol. 58 Nbr. 3, April 2008

• State v. Hendrickson, (Ohio 2009)

aggravated murder, jury instructions, affirmative defense of self-defense, burden of proof, sufficient evidence, "at-fault" element, deadly force, verbal confrontation, victim's unlawful use of force, aggressor, degree of force, reasonably necessary

• Ohio Supreme Court

• 14 CFR 13.224 - Burden of proof.

...(a) Except in the case of an affirmative defense, the burden of proof is on the agency. (b)...

• Code of Federal Regulations - Title 14: Aeronautics and Space

• Bank One Trust Co., N.A. v. Scherer, (Ohio 2008)

Issue whether trial judge should have recused himself was res judicata where the Chief Justice of the Supreme Court of Ohio had previously denied a motion to disqualify the judge. Where a show cause order is based upon an attorney's failure to appear for a hearing, the alleged contemnor has the burden of proof of the affirmative defense of impossibility of attendance. The judgment finding the attorney in direct criminal contempt was supported by the evidence. A trial court may not order payment of attorney's fees as part of a sanction for criminal contempt. For criminal contempt, the trial court is limited to the sanctions imposed by R.C. 2705.05(A).

• Ohio Supreme Court

• State v. Smith, (Ohio 2004)

C. 2921.51(B) and (D) impersonating a peace officer; App.R. 18(C); plain reading of statute does not require someone to be actually deceived by impersonation; R.C. 2921.51(F) affirmative defense; accused’s burden of proof to establish an affirmative defense by a preponderance of the evidence.

• Ohio Supreme Court

• State v. Stephens-Tun, (Ohio 2008)

Conviction on one count of Attempted Unlawful Sexual Conduct with a Minor is supported by sufficient evidence. Defendant drove almost one hundred miles, with two six-packs of Mike’s Hard Lemonade, to meet a purported 13-year-old girl whom he had met hours earlier on the internet, who had told him that she “goes wild” on one six-pack of that beverage, after having expressed a willingness to have sex with her, and having responded affirmatively to her inquiry whether they would “fool around” and “go all the way.” Record does not demonstrate the existence of plain error with respect to the jury instructions on the burden of proof for the affirmative defense of entrapment. Although oral instructions did not expressly state that the defense of entrapment was an affirmative defense on whic...

• Ohio Supreme Court

• Meacham v. Knolls Atomic Power Laboratory, 554 U.S. (2008)

..., and because Meacham had not carried the burden of persuasion as to the reasonableness of Knolls's... factors other than age" (RFOA) affirmative defense under §623(f)(1). Pp. 5-17. . . (a) The ... a wasteful and confusing structure of proof. The absence of a business necessity enquiry does ...

• U.S. Supreme Court

• Manor Park Apts., L.L.C. v. Delfosse, (Ohio 2006)

CIVIL – one-year lease; failure to pay rent; tenant evicted; affirmative defense; mitigation of damages; reasonable efforts to rerent apartment; burden of proof.

• Ohio Supreme Court

• 49 CFR 209.321 - Hearing.

...(5) Rule on offers of proof and receive relevant evidence;. (6) Examine witnes...(c) FRA has the burden of proof, by a preponderance of the evidence, as t... evidence, including testimony, in defense of the allegations or in mitigation of the propose... of the evidence, as to any affirmative defense, including that respondent's actions were ...

• Code of Federal Regulations - Title 49: Transportation