Geljack v. State
Court of Appeals of Indiana
671 N.E.2d 163 (1996)
Kenneth Geljack Jr. (defendant), whose license was suspended, was a passenger when his wife drove their daughter to a doctor's appointment; noticing the brakes failing, he then drove the car himself to a nearby repair shop rather than have it towed, and the failing brakes caused him to run a red light, leading to his arrest for driving with a suspended license. At trial, Geljack claimed an emergency defense, and the court instructed the jury he bore the burden of proving the drive was necessary to save a life in an extreme emergency; convicted, he appealed, arguing that burden allocation was unconstitutional.
Whether a trial court can constitutionally place the burden on a defendant to prove the affirmative defense of emergency.