What is the burden of producing evidence in a sexual assault case?

California, United States of America


The following excerpt is from Curl v. Superior Court, 276 Cal.Rptr. 49, 51 Cal.3d 1292, 801 P.2d 292 (Cal. 1990):

In Coffey we held that the state must establish a prima facie case that defendant had suffered a previous conviction; then, the defendant had "the burden of producing evidence that [these] constitutional right[ were] infringed in the prior proceeding...." (People v. Coffey, supra, 67 Cal.2d 204, 217, 60 Cal.Rptr. 457, 430 P.2d 15, italics added.) The use of the term of art, "burden of producing evidence," itself indicates that we intended to give the defendant only the obligation "to introduce evidence sufficient to avoid a ruling against him on the issue." (Evid.Code, 110.) Yet, in case there should be any confusion about the burden that was assigned to defendant, we explained: "Though the burden of proof as to the constitutionality of the charged prior conviction [51 Cal.3d 1311] remains with the prosecution, and the burden of producing evidence rests initially with it, the latter burden shifts to the defendant upon proof of the fact of his having 'suffered' the prior conviction." (Coffey, supra, 67 Cal.2d at p. 217, fn. 15, 60 Cal.Rptr. 457, 430 P.2d 15, italics added.)

Other Questions


What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
What is the test for using evidence of an uncharged sexual offence as evidence in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
In a sexual assault case, what is the burden of proving that the court erred when it ruled in limine that evidence that he had committed sexual battery against two adult women by touching their buttocks against their will was admissible? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
Can evidence of sexual assault be used in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.