State v. Humphries

In Ohio, the common-law rule has been that in a criminal case the defendant has the burden of proving the affirmative defense of insanity by a preponderance of the evidence to overcome the presumption that he is sane.1

However, effective January 1, 1974, R. 0. 2901.05 was enacted, which reads in part:

“ (A) Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof is upon the prosecution. The burden of going forward with the evidence of an affirmative defense is upon the accused.”

In State v. Robinson (1976), 47 Ohio St. 2d…