mandatory joinder rule in Washington

40 Washington opinions name it 2 courts 1983–2022 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (23)

Case	Followed	Cited
State v. Dallasgreen wash · 1995 · cited in 12 Washington opinions naming this issue, 2000–2019 2 sentences 2016See State v. Dallas, 126 Wn.2d 324, 329 , 892 P.2d 1082 (1995) (an amendment that adds a new alternative means is a related offense within the meaning of the mandatory joinder rule). 2016See State v. Dallas, 126 Wn.2d 324, 329 , 892 P.2d 1082 (1995) (an amendment that adds a new alternative means is a related offense within the meaning of the mandatory joinder rule).	4	12
State v. Ramosgreen washctapp · 2004 · cited in 8 Washington opinions naming this issue, 2006–2013 2 sentences 2013Both defendants moved to dismiss this charge, alleging that it violated double jeopardyand the mandatory joinder rule.6 The supreme court 2See State v. Ramos. 124 Wn. 2007If the State fails to timely charge a related offense, the mandatory joinder rule precludes it from later charging that defendant with the related offense arising out of the same conduct “unless the court determines that. . . the ends of justice would be defeated if the motion [to dismiss for failure to join a related offense] were granted.” CrR 4.3.1(b)(3). ¶20 In State v. Ramos, 124 Wn.	2	8
State v. Leegreen wash · 1997 · cited in 6 Washington opinions naming this issue, 2004–2010 2 sentences 2010Id. at 331-32 ; see also Lee, 132 Wn.2d at 503 (citing State v. Harris, 130 Wn.2d 35, 43-44 , 921 P.2d 1052 (1996)); State v. Russell, 101 Wn.2d 349 , 353 n.1, 678 P.2d 332 (1984); State v. Ramos, 124 Wn. 2010See Lee, 132 Wn.2d at 503 .	2	6
State v. Harrisgreen wash · 1996 · cited in 5 Washington opinions naming this issue, 1997–2010 2 sentences 1997Only offenses based upon the "same conduct” are "related offenses.” We recently discussed the mandatory joinder rule in State v. Harris, 130 Wn.2d 35, 40 , 921 P.2d 1052 (1996). 1997Only offenses based upon the "same conduct" are "related offenses." We recently discussed the mandatory joinder rule in State v. Harris, 130 Wash.2d 35, 40 , 921 P.2d 1052 (1996).	2	5
State v. Harrisgreen wash · 1996 · cited in 5 Washington opinions naming this issue, 1997–2010 2 sentences 1997Only offenses based upon the "same conduct” are "related offenses.” We recently discussed the mandatory joinder rule in State v. Harris, 130 Wn.2d 35, 40 , 921 P.2d 1052 (1996). 1997Only offenses based upon the "same conduct" are "related offenses." We recently discussed the mandatory joinder rule in State v. Harris, 130 Wash.2d 35, 40 , 921 P.2d 1052 (1996).	2	5
State v. Andersongreen wash · 1982 · cited in 5 Washington opinions naming this issue, 1995–2007 2 sentences 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wn.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wn.2d 739 , 638 P.2d 1205 (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under “extreme indifference” was overturned as an inappropriate charge), cert, denied, 459 U.S. 842 (1982); 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wn.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wn.2d 739 , 638 P.2d 1205 (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under “extreme indifference” was overturned as an inappropriate charge), cert, denied, 459 U.S. 842 (1982);	2	5
State v. Gamblegreen wash · 2010 · cited in 4 Washington opinions naming this issue, 2010–2021 2 sentences 2021CrR 4.3.1(b)(1); State v. Gamble, 168 Wn.2d 161, 167-68 , 225 P.3d 973 (2010). 2016App. 76, 100 , 283 PJd 583 (2012); see also State v. Gamble, 168 Wn.2d 161, 189 , 225 P.3d 973 (2010) (applying the CR 60(b )(11) standard in analyzing the ends ofjustice exception to the mandatory joinder rule).	2	4
State v. Gamblegreen wash · 2010 · cited in 4 Washington opinions naming this issue, 2010–2021 2 sentences 2021CrR 4.3.1(b)(1); State v. Gamble, 168 Wn.2d 161, 167-68 , 225 P.3d 973 (2010). 2016App. 76, 100 , 283 PJd 583 (2012); see also State v. Gamble, 168 Wn.2d 161, 189 , 225 P.3d 973 (2010) (applying the CR 60(b )(11) standard in analyzing the ends ofjustice exception to the mandatory joinder rule).	2	4
Anderson v. Washingtongreen scotus · 1982 · cited in 4 Washington opinions naming this issue, 2004–2007 2 sentences 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wn.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wn.2d 739 , 638 P.2d 1205 (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under “extreme indifference” was overturned as an inappropriate charge), cert, denied, 459 U.S. 842 (1982); 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wash.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wash.2d 739 , 638 P.2d 1205 (1982) (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under "extreme indifference" was overturned as an inappropriate charge), cert. denied, 459 U.S. 8	2	4
State v. Hairstongreen wash · 1997 · cited in 2 Washington opinions naming this issue, 2007–2007 2 sentences 2007See State v. Hairston, 133 Wash.2d 534, 539 , 946 P.2d 397 (1997). 2007See State v. Hairston, 133 Wn.2d 534, 539 , 946 P.2d 397 (1997).	2	2
State v. Hairstongreen wash · 1997 · cited in 2 Washington opinions naming this issue, 2007–2007 2 sentences 2007See State v. Hairston, 133 Wash.2d 534, 539 , 946 P.2d 397 (1997). 2007See State v. Hairston, 133 Wn.2d 534, 539 , 946 P.2d 397 (1997).	2	2
State v. Newcomergreen washctapp · 1987 · cited in 2 Washington opinions naming this issue, 2000–2000 2 sentences 2000See, e.g., State v. Peterson, 90 Wn.2d 423 , 585 P.2d 66 (1978), (speedy trial violation), superseded by rule as stated in State v. Newcomer, 48 Wn. 2000See, e.g., State v. Peterson, 90 Wash.2d 423 , 585 P.2d 66 (1978), superseded by rule as stated in State v. Newcomer, 48 Wash.App. 83 , 737 P.2d 1285 (1987), (speedy trial violation); State v. Russell, 101 Wash.2d 349 , 678 P.2d 332 (1984) (mandatory joinder); State v. Dallas, 126 Wash.2d 324 , 892 P.2d 1082 (1995) (mandatory joinder); State v. Harris, 130 Wash.2d 35 , 921 P.2d 1052 (1996) (speedy trial violation).	2	2
State v. Petersonred wash · 1978 · cited in 2 Washington opinions naming this issue, 2000–2000 2 sentences 2000See, e.g., State v. Peterson, 90 Wn.2d 423 , 585 P.2d 66 (1978), (speedy trial violation), superseded by rule as stated in State v. Newcomer, 48 Wn. 2000See, e.g., State v. Peterson, 90 Wn.2d 423 , 585 P.2d 66 (1978), (speedy trial violation), superseded by rule as stated in State v. Newcomer, 48 Wn.	2	2
State v. Ramosgreen washctapp · 2004 · cited in 7 Washington opinions naming this issue, 2006–2013 2 sentences 2007If the State fails to timely charge a related offense, the mandatory joinder rule precludes it from later charging that defendant with the related offense arising out of the same conduct "unless the court determines that . . . the ends of justice would be defeated if the motion [to dismiss for failure to join a related offense] were granted." CrR 4.3.1(b)(3). ¶ 20 In State v. Ramos, 124 Wash.App. 334 , 101 P.3d 872 (2004), Division One of this court observed that the Supreme Court's unprecedented ruling in Andress was such an 968 extraordinary circumstance that the ends of justice would be de 2007*See Ramos, 124 Wash.App. at 337 , 101 P.3d 872 ; see also, Wright, 131 Wash.App. 474 , 127 P.3d 742 (the State's failure to request an intentional murder instruction at the initial trial had no effect on the State's ability to proceed on that alternative and rejecting the defendant's claims under the mandatory joinder rule). ¶ 24 Both the trial court and this court are bound by the Supreme Court's Andress decision.	1	7
State v. Leegreen wash · 1997 · cited in 4 Washington opinions naming this issue, 2004–2010 2 sentences 2010Id. at 331-32 , 892 P.2d 1082 ; see also Lee, 132 Wash.2d at 503 , 939 P.2d 1223 (citing State v. Harris, 130 Wash.2d 35, 43-44 , 921 P.2d 1052 (1996)); State v. Russell, 101 Wash.2d 349 , 353 n. 1, 678 P.2d 332 (1984); State v. Ramos, 124 Wash.App. 334 , 340 n. 21, 101 P.3d 872 (2004) ( Ramos I ); ABA Standards for Criminal Justice, Joinder and Severance 13-2.3 (2d ed. 1980 & Supp.1986). 2010As our Supreme Court explained in State v. Lee, mandatory joinder is not required because offenses are based upon a series of acts constituting a single scheme or plan, but rather because a series of acts represents a single criminal incident or episode of the “same conduct.” 132 Wn.2d 498, 503-04 , 939 P.2d 1223 (1997).	1	4
State v. Cartergreen washctapp · 1989 · cited in 3 Washington opinions naming this issue, 2010–2016 2 sentences 2016App. 217, 225 , 783 P.2d 589 (1989); id. at 228 (Winsor, J. dissenting) (majority and dissent disagree whether failure to object to an amendment that violates the mandatory joinder rule is necessarily deficient performance). 2016See Carter, 56 Wn.	1	3
Guichard v. Smithgreen scotus · 1982 · cited in 2 Washington opinions naming this issue, 2004–2007 2 sentences 2007See State v. Anderson, 96 Wash.2d 739, 743 , 638 P.2d 1205 , cert. denied, 459 U.S. 842 , 103 S.Ct. 93 , 74 L.Ed.2d 85 (1982); Dallas, 126 Wash.2d at 328-29 , 892 P.2d 1082 . 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wash.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wash.2d 739 , 638 P.2d 1205 (1982) (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under "extreme indifference" was overturned as an inappropriate charge), cert. denied, 459 U.S. 8	1	2
Williams v. Bradleygreen scotus · 1982 · cited in 2 Washington opinions naming this issue, 2004–2007 2 sentences 2007See State v. Anderson, 96 Wash.2d 739, 743 , 638 P.2d 1205 , cert. denied, 459 U.S. 842 , 103 S.Ct. 93 , 74 L.Ed.2d 85 (1982); Dallas, 126 Wash.2d at 328-29 , 892 P.2d 1082 . 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wash.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wash.2d 739 , 638 P.2d 1205 (1982) (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under "extreme indifference" was overturned as an inappropriate charge), cert. denied, 459 U.S. 8	1	2
State v. Pelkeygreen wash · 1987 · cited in 1 Washington opinions naming this issue, 2019–2019	1	1
State v. Hughesred wash · 2005 · cited in 1 Washington opinions naming this issue, 2008–2008	1	1
State v. Hughesred wash · 2005 · cited in 1 Washington opinions naming this issue, 2008–2008	1	1
State v. Wrightgreen washctapp · 2006 · cited in 1 Washington opinions naming this issue, 2007–2007	1	1
State v. Wrightgreen washctapp · 2006 · cited in 1 Washington opinions naming this issue, 2007–2007	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (35)

Case	Cited	Years
In Re Personal Restraint of Andress red wash · 2002 2 sentences 2010MADSEN, C.J. ¶ 1 In each of these consolidated cases the primary issue is whether the mandatory joinder rule barred the State from bringing additional homicide charges against the defendants after the defendants' original convictions for second degree felony murder was overturned as a result of this court's decision in In re Personal Restraint of Andress, 147 Wash.2d 602 , 56 P.3d 981 (2002). 2010Madsen, C.J. ¶1 In each of these consolidated cases the primary issue is whether the mandatory joinder rule barred the State from bringing additional homicide charges against the defendants after the defendants’ original convictions for second degree felony murder were overturned as a result of this court’s decision in In re Personal Restraint of Andress, 147 Wn.2d 602 , 56 P.3d 981 (2002).	5	2004–2013
In re the Personal Restraint of Andress red wash · 2002 2 sentences 2010MADSEN, C.J. ¶ 1 In each of these consolidated cases the primary issue is whether the mandatory joinder rule barred the State from bringing additional homicide charges against the defendants after the defendants' original convictions for second degree felony murder was overturned as a result of this court's decision in In re Personal Restraint of Andress, 147 Wash.2d 602 , 56 P.3d 981 (2002). 2010Madsen, C.J. ¶1 In each of these consolidated cases the primary issue is whether the mandatory joinder rule barred the State from bringing additional homicide charges against the defendants after the defendants’ original convictions for second degree felony murder were overturned as a result of this court’s decision in In re Personal Restraint of Andress, 147 Wn.2d 602 , 56 P.3d 981 (2002).	4	2004–2013
State v. Holt neutral washctapp · 1983 2 sentences 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wn.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wn.2d 739 , 638 P.2d 1205 (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under “extreme indifference” was overturned as an inappropriate charge), cert, denied, 459 U.S. 842 (1982); 2004The present case does not clearly fall under the mandatory joinder rule, as do some cases that are based on the same conduct, such as State v. Dallas, 126 Wash.2d 324, 329 , 892 P.2d 1082 (1995) (holding theft and possession of stolen property were related charges since based on the same conduct); State v. Anderson, 96 Wash.2d 739 , 638 P.2d 1205 (1982) (holding mandatory joinder required dismissal of second charge of first degree premeditated murder, after first conviction for premeditated murder under "extreme indifference" was overturned as an inappropriate charge), cert. denied, 459 U.S. 8	3	2004–2020
State v. Kindsvogel green wash · 2003 2 sentences 2017State v. Kindsvopel, 149 Wn.2d 477, 480 , 69 P.3d 870 (2003)(citing State v. Ledenko, 87 Wn. 2017State v. Kindsvogel, 149 Wn.2d 477, 480 , 69 P.3d 870 (2003).	3	2014–2017
State v. Kindsvogel green wash · 2003 2 sentences 2017State v. Kindsvopel, 149 Wn.2d 477, 480 , 69 P.3d 870 (2003)(citing State v. Ledenko, 87 Wn. 2017State v. Kindsvogel, 149 Wn.2d 477, 480 , 69 P.3d 870 (2003).	3	2014–2017
State v. Russell green wash · 1984 2 sentences 2010Id. at 331-32 ; see also Lee, 132 Wn.2d at 503 (citing State v. Harris, 130 Wn.2d 35, 43-44 , 921 P.2d 1052 (1996)); State v. Russell, 101 Wn.2d 349 , 353 n.1, 678 P.2d 332 (1984); State v. Ramos, 124 Wn. 2010Id. at 331-32 ; see also Lee, 132 Wn.2d at 503 (citing State v. Harris, 130 Wn.2d 35, 43-44 , 921 P.2d 1052 (1996)); State v. Russell, 101 Wn.2d 349 , 353 n.1, 678 P.2d 332 (1984); State v. Ramos, 124 Wn.	3	2000–2010
State v. McNeil green washctapp · 1978 2 sentences 2020Id. at 532-34 .2 Another example is presented by State v. Holt, 36 Wn. 1983As noted in State v. McNeil, 20 Wn.	2	1983–2020
State v. Douglas green washctapp · 2005 2 sentences 2010Although he claims that he is similarly situated to the defendants in State v. Douglas, 128 Wash.App. 555 , 116 P.3d 1012 (2005) and State v. Hughes, 118 Wash.App. 713 , 77 P.3d 681 (2003), the Court of Appeals properly held that he has not shown that the circumstances in those cases are like his own. 2010Although he claims that he is similarly situated to the defendants in State v. Douglas, 128 Wn.	2	2010–2010
State v. Pringle green wash · 1973 2 sentences 2009Nor does resentencing violate the mandatory joinder rule, CrR 4.3(b), because aggravating circumstances do not constitute an offense. ¶32 Resentencing under RCW 9.94A.537(2) is not “for the purpose of increasing a valid sentence, but rather ... for the correction of an erroneous and invalid sentence.” State v. Pringle, 83 Wn.2d 188, 194 , 517 P.2d 192 (1973). 2009Nor does resentencing violate the mandatory joinder rule, CrR 4.3(b), because aggravating circumstances do not constitute an offense. ¶32 Resentencing under RCW 9.94A.537(2) is not “for the purpose of increasing a valid sentence, but rather ... for the correction of an erroneous and invalid sentence.” State v. Pringle, 83 Wn.2d 188, 194 , 517 P.2d 192 (1973).	2	2009–2009
State v. Halstien green · 1993 2 sentences 2007State v. Halstien, 122 Wn.2d 109, 116-17 , 857 P.2d 270 (1993). 2007State v. Halstien, 122 Wn.2d 109, 116-17 , 857 P.2d 270 (1993).	2	2007–2007
State v. Lee green wash · 1995 2 sentences 1997The trial court held that offenses which are part of a common plan are subject to the mandatory joinder rule of former CrR 4.3(c) and dismissed the charges in this case because they were not joined with those prosecuted in State v. Lee, 128 Wash.2d 151 , 904 P.2d 1143 (1995) ( Lee I ). 1997The trial court held that offenses which are part of a common plan are subject to the mandatory joinder rule of former CrR 4.3(c) and dismissed the charges in this case because they were not joined with those prosecuted in State v. Lee, 128 Wash.2d 151 , 904 P.2d 1143 (1995) ( Lee I ).	2	1997–1997
State v. Bradley green washctapp · 1984 2 sentences 1988Under that rule, offenses may be joined in one charge if they are "based on the same conduct." In State v. Bradley, 38 Wn. 1986App. 597 , 687 P.2d 856 , review denied, 102 Wn.2d 1024 (1984) considered whether two crimes were based on the *99 "same conduct" for the purposes of CrR 4.3(c), the mandatory joinder rule.	2	1986–1988
State v. Foxhoven green wash · 2007	1	2022–2022
State v. Foxhoven green wash · 2007	1	2022–2022
State v. Ledenko green washctapp · 1997	1	2017–2017
State v. Watson green wash · 2002	1	2017–2017
State v. Watson green wash · 2002	1	2017–2017
State v. Fladebo neutral washctapp · 1988	1	2017–2017
State v. Kenyon neutral washctapp · 2009	1	2014–2014
State v. Durrett neutral washctapp · 2009	1	2010–2010
State v. Douglas green washctapp · 2005	1	2010–2010
State v. Hughes procedural washctapp · 2003	1	2010–2010
State v. Hughes green washctapp · 2003	1	2010–2010
State v. Harris neutral washctapp · 2006	1	2010–2010
State v. Durrett green washctapp · 2009	1	2010–2010
State v. Crane green wash · 1991	1	2004–2004
State v. Wanrow red wash · 1978	1	2004–2004
State v. Harris green wash · 1966	1	2004–2004
State v. Hanson green wash · 2004	1	2004–2004
State v. Thompson green wash · 1977	1	2004–2004
State v. Hanson green wash · 2004	1	2004–2004
State v. Markle green wash · 1992	1	1995–1995
State v. Vangerpen neutral washctapp · 1993	1	1995–1995
State v. Irizarry green wash · 1988	1	1995–1995
Malland v. Department of Retirement Systems green wash · 1985	1	1985–1985

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.32.030 (8) WA § Wash. Rev. Code § 9.94A.537 (7) WA § Wash. Rev. Code § 9A.32.050 (6) WA § Wash. Rev. Code § 2.06.040 (5) WA § Wash. Rev. Code § 9A.08.010 (5) WA § Wash. Rev. Code § 9A.32.060 (4) WA § Wash. Rev. Code § 9A.32.070 (4) WA § Wash. Rev. Code § 10.61.006 (3) WA § Wash. Rev. Code § 9.94A.010 (3) WA § Wash. Rev. Code § 9.94A.535 (3) WA § Wash. Rev. Code § 9A.44.130 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 40 (1983–2022) NJ 20 (1981–2020) IL 4 (1995–2001) TN 4 (2001–2015) WV 3 (1996–2012) CA 3 (2022–2023) CO 3 (2008–2019) PA 3 (1992–2022) UT 2 (2017–2017) NH 2 (2014–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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