green
Positive treatment
Hot · 329 in 5y
Quoted verbatim 3×
24.7 score
“the jury' s job is not to determine the truth of what happened; a jury therefore does not speak the truth' or declare the truth.”
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011
2018
2026
Top citers, strongest first. 50 distinct citers.
discussed
Cited as authority (quoted)
State Of Washington, V. Miguel Angel Medel Lopez
an objection is unnecessary in cases of incurable prejudice.
discussed
Cited as authority (quoted)
State Of Washington v. Jose R. German
the jury' s job is not to determine the truth of what happened; a jury therefore does not speak the truth' or declare the truth.
discussed
Cited as authority (quoted)
State v. Strine
objections are required ... to prevent potential abuse of the appellate process.
discussed
Cited as authority (rule)
Lammar David Burney v. State of Alaska, Jamal Kareem Townsend v. State of Alaska
Cir. 1966)) (collecting cases). 29 See, e.g., State v. Bol, 9 N.W.3d 783 , 789-90 (Iowa App. 2023) (applying first test); State v. Jaramillo, 460 P.3d 321 , 333-34 (Ariz. App. 2020) (applying first test); People v. Daveggio, 415 P.3d 717, 741 (Cal. 2018) (applying second test); State v. Emery, 278 P.3d 653, 660 (Wash. 2012) (en banc) (applying second test). 30 See, e.g., United States v. Chavez, 894 F.3d 593, 606 (4th Cir. 2018) (holding that severance is required for antagonistic defenses if there is “such a stark contrast presented by the defenses that the jury is presented with the propos…
cited
Cited as authority (rule)
State Of Washington, V. Hamza Osman
State v. Emery, 174 Wn.2d 741, 760 , 278 P.3d 653, 664 (2012).
discussed
Cited as authority (rule)
State Of Washington v. Michael S. Olsen
When evaluating an unpreserved prosecutorial misconduct claim, “[r]eviewing courts should focus less on whether the prosecutor’s misconduct was flagrant or ill intentioned and more on whether the resulting prejudice could have been cured. ‘The criterion always is, has such a feeling of prejudice been engendered or located in the minds of the jury as to 10 No. 51531-8-II prevent a [defendant] from having a fair trial?’” Id. at 762 (second alteration in original) (quoting Slattery v. City of Seattle, 169 Wash. 144, 148 , 13 P.2d 464 (1932)).
discussed
Cited as authority (rule)
State Of Washington v. Jonathan Samuel Sage
The State concedes the following conditions should 72 174 Wn.2d 741, 750 , 278 P.3d 653 (2012). 73 Id. at 765-66 (discussing State v. Miles, 73 Wn.2d 67 , 436 P.2d 198 (1968)). 74 Id. at 766. 75 133 Wn.2d 389, 411 , 945 P.2d 1120 (1997). 21 No. 75279-1-1-22 be vacated: (i) condition 6 restricting daily travel at the community corrections officer's discretion, (ii) condition 12 prohibiting possession of drug paraphernalia, (iii) condition 15 prohibiting any Internet access, and (iv) condition 18 requiring Sage to participate in substance abuse treatment.
discussed
Cited as authority (rule)
State Of Washington v. Sloan Stanley
Stanley contends "the wrongful overruling of this objection" prejudiced him "because the judge denigrated him in the eyes of the jury."99 But immediately after overruling the objection, the judge stated,"Whether or not the facts are correct is 93 State v. Emery, 174 Wn.2d 741, 760 , 278 P.3d 653 (2012). 94 Id. 95 Id. at 760-61. 96 Id. at 761 (quoting State v. Thorgerson, 172 Wn.2d 438, 455 , 258 P.3d 43 (2011)). 97RP (July 30, 2015) at 1139.
cited
Cited as authority (rule)
State Of Washington, V Michael Wiley Lowe
State v. Emery, . 174 Wn.2d 741, 756 , 278 P. 3d 653 2012) ( citing State v. Thorgerson, 172 Wn.2d 438, 442 , 258 P. 3d 43 ( 2011)).
cited
Cited as authority (rule)
State Of Washington v. Jimmy Joseph Perkins
State v. Emery, 174 Wn.2d 741, 756 , 278 P. 3d 653 2012) ( citing State v. Thorgerson, 172 Wn.2d 438, 442 , 258 P. 3d 43 ( 2011)).
cited
Cited as authority (rule)
State Of Washington, V Jesse James Clark
State v. Emery, 174 Wn.2d 741, 756 , 278 P. 3d 653 2012) ( citing State v. Thorgerson, 172 Wn.2d 438, 442 , 258 P. 3d 43 ( 2011)).
discussed
Cited as authority (rule)
State Of Washington v. Timothy Conover
Moreover, in a recent Division One opinion, the defendant raised the same challenge that Conover raises here to the " abiding belief" language; and, like Conover, he argued that the language was similar to the impermissible " speak the truth" remarks in State v. Emery, 174 Wn.2d 741, 760 , 278 P. 3d 653 2012).
cited
Cited as authority (rule)
State of Washington v. Robert James Middleworth, Jr.
Id. at 760 (citations omitted).
discussed
Cited as authority (rule)
State Of Washington v. Litterdory Deandre Mccall
If you think that you have a doubt, you must fill in that blank.[16! 11 Id, at 761 (quoting State v. Thorgerson. 172 Wn.2d 438, 455 , 258 P.3d 43 (2011)). 12 Id, at 762. 13 Id. (quoting Slatterv v. City of Seattle. 169 Wash. 144, 148 , 13P.2d464 (1932)). 14 Id. at n.13 (citing State v. Warren. 165Wn.2d 17,27, 195 P.3d 940 (2008)). 15 174 Wn.2d 741 , 278 P.3d 653 (2012). 16 Id. at 750-51.
discussed
Cited as authority (rule)
State Of Washington, V Jason Jacob Michael Mack
If you think that you have a doubt, you must fill in that blank.[31] The court explained this "fill in the blank" argument was improper.32 Despite this conclusion, however, the court held that the defendants could not show that the statement was "incurable or prejudicial."33 Because they did not object to the slide at trial, the court considered whether they were prejudiced under the "heightened standard": "[T]he defendant must show that (1) 'no curative instruction would have obviated any prejudicial effect on the jury' and (2) the 28 id, at 760. 29 id, 30 174 Wn.2d 741, 759 , 278 P.3d 653 (2…
examined
Cited as authority (rule)
State v. Berube
(3×)
Id. at 760 (citation and internal quotation marks omitted).
cited
Cited "see"
State of Washington v. Derek Paul Riley
See State v. Emery, 174 Wn.2d 741, 755 , 278 P.3d 653 (2012) (articulating that standard for a motion to sever). 2.
cited
Cited "see"
Personal Restraint Petition Of John Paul Beckmeyer
See State v. Emery, 174 Wn.2d 741, 762-63 , 278 P.3d 653 (2012).
cited
Cited "see"
Personal Restraint Petition of Charles Gerard Holmes
See State v. Emery, 174 Wn.2d 741, 762-63 , 278 P.3d 653 (2012).
discussed
Cited "see"
Delaura Norg V. City Of Seattle
See Coogan v. Borg- Warner Morse Tec Inc., 197 Wn.2d 790 , 808, 490 P.3d 200 , 212 (2021) (“jurors -9- No. 86762-8-I are presumed to follow the court’s instructions,” quoting State v. Emery, 174 Wn.2d 741, 766 , 278 P.3d 653 (2012)).
cited
Cited "see"
State Of Washington, V. George Robert Laine
See State v. Emery, 174 Wn.2d 741, 762-63 , 278 P.3d 653 (2012).
discussed
Cited "see"
State of Washington v. Jesse Raymond Crain
See State v. Emery, 174 Wn.2d 741, 762-63 , 278 P.3d 653 (2012) (noting that it is less likely that improper statements will cause incurable prejudice when they do not have an inflammatory effect).
cited
Cited "see"
State Of Washington, V. Anrio D. Adams, Sr.
See State v. Emery, 174 Wn.2d 741, 760 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington, V. Dean Ervin Phillips
See State v. Emery, 174 Wn.2d 741, 760 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington, V. Thomas Bostelle
See State v. Emery, 174 Wn.2d 741, 755 , 278 P.3d 653 (2012) (requiring showing that severance motion likely would have been granted); State v. Case, 13 Wn.
discussed
Cited "see"
State Of Washington, V. Jesse Gouley
See State v. Thomas, 150 Wn.2d 821, 868-69 , 83 P.3d 970 (2004) (“[T]his court will not review issues for which inadequate argument has been briefed or only passing treatment has been made.”). 11 No. 54468-7-II conduct was both improper and prejudicial.” State v. Emery, 174 Wn.2d 741, 756 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington, V. Abel Linares-montejo
See State v. Emery, 174 Wn.2d 741, 755 , 278 P.3d 653 (2012).
discussed
Cited "see"
State Of Washington, V. Chaz R. Butler
See State v. Emery, 174 Wn.2d 741, 757-59 , 278 P.3d 653 (2012) (constitutional harmless error review does not apply where a prosecutor misstates the burden of proof but there is no deliberate injection of racial bias.).
cited
Cited "see"
State of Washington v. Cody Forest Wolfley
See State v. Emery, 174 Wn.2d 741 , 760- 61, 278 P.3d 653 (2012).
discussed
Cited "see"
State Of Washington, V. Patrick W. Zeitz
See State v. Emery, 174 Wn.2d 741, 760-65 , 278 P.3d 653 (2012) (determining the prosecutor engaged in misconduct by shifting the burden of proof and mischaracterizing the role of the jury, but the defendant could not demonstrate the prosecutor’s improper statements were incurable or prejudicial).
discussed
Cited "see"
Personal Restraint Petition Of: Vernon Curry, Jr
See State v. Emery, 174 Wn.2d 741, 755 , 278 P.3d 653 (2012) (articulating the same standard for a motion to sever). “ ‘A mistrial should be granted only when the defendant has been so prejudiced that nothing short of a new trial can insure that defendant will be tried fairly.’ ” State v. Gaines, 194 Wn.
cited
Cited "see"
State of Washington v. Mark Aaron Moen
See State v. Emery, 174 Wn.2d 741, 755 , 278 P.3d 653 (2012); In re Pers.
cited
Cited "see"
State Of Washington v. David Cornelius Conyers
See State v. Emery, 174 Wn.2d 741, 759 , 278 P.3d 653 (2012). 16 No. 78727-6-I/17 Here, Conyers’s manager, Brian Moody, was initially unable to identify Conyers in the courtroom.
cited
Cited "see"
State Of Washington v. Derrick L. Lyons
See State v. Emery, 174 Wn.2d 741, 755 , 278 P.3d 653 (2012).
cited
Cited "see"
In Re The Detention Of: Franklin Abellera.
See State v. Emery, 174 Wn.2d 741, 766 , 278 P.3d 653 (2012)(one error); State v. Stevens, 58 Wn.
discussed
Cited "see"
State of Washington v. Eliodoro Salseda-Castaneda
See State v. Emery, 174 Wn.2d 741, 762 , 278 P.3d 653 (2012) (Reversal unwarranted unless misconduct was so flagrant or ill-intentioned that it could not be remedied by a curative instruction.).
discussed
Cited "see"
State v. Schierman
See State v. Emery, 174 Wash.2d 741 , 762, 278 P.3d 653 (2012) (where defense failed to object to alleged prosecutorial misconduct, "[r]eviewing courts should focus less on whether the prosecutor's misconduct was flagrant or ill intentioned and more on whether the resulting prejudice could have been cured")).
cited
Cited "see"
In re Pers. Restraint of Phelps
See Emery, 174 Wash.2d at 762 -65 , 278 P.3d 653 ; State v .
cited
Cited "see"
State Of Washington v. Shelly Arndt
See State v. Emery, 174 Wn.2d 741, 760 , 278 P.3d 653 (2012).
discussed
Cited "see"
State of Washington v. Gary Lee Brown, Jr. aka Gary Lee Taylor
As noted earlier, Ms. Emery on separate occasions stated "Gary burned it," and that others wanted the trailer burned and "coaxed Gary Taylor into doing it." The improper admission of evidence at trial is considered a "trial irregularity." State v. Weber, 99 Wn.2d 158, 163 , 659 P.2d 1102 (1983); accord State v. Emery, 174 Wn.2d 741, 750 , 278 P.3d 653 (2012) (one defendant interrupted the other's testimony to accuse him of perjury).
cited
Cited "see"
State of Washington v. Roy E. Cooley
See State v. Emery, 174 Wn.2d 741, 761-62 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington v. Darold Stenson
See State v. Emery, 174 Wn.2d 741, 760 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington v. Juan Garcia-mendez
See State v. Emery, 174 Wn.2d 741, 760-61 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington v. Cole Rife
See State v. Emery, 174 Wn.2d 741, 759-61 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington v. Ricardo Ramirez Diaz
See State v. Emery, 174 Wn.2d 741, 766 , 278 P.3d 653 (2012).
cited
Cited "see"
State Of Washington v. Yevgeniy A. Smirnov
See State v. Emery, 174 Wn.2d 741, 766 , 278 P. 3d 653 ( 2012).
discussed
Cited "see"
State v. Schierman
See State v. Emery, 174 Wash.2d 741 , 762, 278 P.3d 653 (2012) (where defense failed to object to alleged prosecutorial misconduct, "[r]eviewing courts should focus less on whether the prosecutor's misconduct was flagrant or ill intentioned and more on whether the resulting prejudice could have been cured").
cited
Cited "see"
Personal Restraint Petition Of Tommy Lee Crow, Jr.
See State v. Emery, 174 Wn.2d 741 , 756 -59, 278 P. 3d 653 ( 2012); In re Pers.
STATE of Washington, Respondent,
v.
Andre Phillip KARLOW, Petitioner.
v.
Andre Phillip KARLOW, Petitioner.
86848-4.
Washington Supreme Court.
Jun 7, 2012.
Cited by 6 opinions | Published
Citer courts: Court of Appeals of Washington (2) · Washington Supreme Court (1)
ORDER
¶ 1 This matter came before the Court on its June 7, 2012, En Banc Conference. The Court considered the Petition and the files herein. The Court unanimously voted in favor of the following result:
¶ 2 Now, therefore, it is hereby
¶ 3 ORDERED:
¶ 4 That the Petition for Review is granted and the case is remanded to the Court of Appeals Division One for reconsideration in light of Supreme Court No. 86709-7State of Washington v. Joshua Elias Boyd, ___ Wash.2d ___, 275 P.3d 321 (2012).
For the Court
/s/ Madsen, C.J. CHIEF JUSTICE