mandatory joinder rule (Washington) · Go Syfert
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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 (14)

CaseFollowedCited
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).

412
State v. Ramosgreen
washctapp · 2004 · cited in 9 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. App. 334 , 101 P.3d 872 (2004). 3 lg\ at 337. 4 147 Wn.2d 602, 604 , 56 P.3d 981 (2002), superseded bv statute.

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. App. 334 , 101 P.3d 872 (2004). 3 lg\ at 337. 4 147 Wn.2d 602, 604 , 56 P.3d 981 (2002), superseded bv statute.

29
State v. Leegreen
wash · 1997 · cited in 6 Washington opinions naming this issue, 2004–2010
2 sentences

2010See Lee, 132 Wn.2d at 503 .

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.

26
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 Wash.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).

25
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);

25
State v. Gamblegreen
wash · 2010 · cited in 4 Washington opinions naming this issue, 2010–2021
2 sentences

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).

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).

24
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 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

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);

24
State v. Hairstongreen
wash · 1997 · cited in 2 Washington opinions naming this issue, 2007–2007
2 sentences

2007See State v. Hairston, 133 Wn.2d 534, 539 , 946 P.2d 397 (1997).

2007See State v. Hairston, 133 Wn.2d 534, 539 , 946 P.2d 397 (1997).

22
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.

22
State v. Newcomergreen
washctapp · 1987 · cited in 2 Washington opinions naming this issue, 2000–2000
2 sentences

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).

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.

22
State v. Cartergreen
washctapp · 1989 · cited in 3 Washington opinions naming this issue, 2010–2016
2 sentences

2016See Carter, 56 Wn.

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).

13
State v. Pelkeygreen
wash · 1987 · cited in 1 Washington opinions naming this issue, 2019–2019
2 sentences

2019See State v. Dallas, 126 Wash.2d 324 , 327-28, 892 P.2d 1082 (1995) (citing Pelkey, 109 Wash.2d at 491 , 745 P.2d 854 ). ¶ 38 In light of this clear precedent, we agree with Gehrke.

2019See State v. Dallas, 126 Wash.2d 324 , 327-28, 892 P.2d 1082 (1995) (citing Pelkey, 109 Wash.2d at 491 , 745 P.2d 854 ). ¶ 38 In light of this clear precedent, we agree with Gehrke.

11
State v. Hughesred
wash · 2005 · cited in 1 Washington opinions naming this issue, 2008–2008
11
State v. Wrightgreen
washctapp · 2006 · cited in 1 Washington opinions naming this issue, 2007–2007
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (30)

CaseCitedYears
In re the Personal Restraint of Andress red
wash · 2002
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. App. 334 , 101 P.3d 872 (2004). 3 lg\ at 337. 4 147 Wn.2d 602, 604 , 56 P.3d 981 (2002), superseded bv statute.

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. App. 334 , 101 P.3d 872 (2004). 3 lg\ at 337. 4 147 Wn.2d 602, 604 , 56 P.3d 981 (2002), superseded bv statute.

52004–2013
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 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

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);

32004–2020
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. Kindsvopel, 149 Wn.2d 477, 480 , 69 P.3d 870 (2003)(citing State v. Ledenko, 87 Wn.

32014–2017
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.

32000–2010
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.

21983–2020
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.

22010–2010
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).

22009–2009
State v. Halstien green
wash · 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).

22007–2007
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 ).

21997–1997
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.

21986–1988
State v. Foxhoven green
wash · 2007
2 sentences

2022State v. Foxhaven, 161 Wn.2d 168, 174 , 163 P.3d 786 (2007).

2022State v. Foxhaven, 161 Wn.2d 168, 174 , 163 P.3d 786 (2007).

12022–2022
State v. Ledenko green
washctapp · 1997
1 sentence

2017State v. Kindsvopel, 149 Wn.2d 477, 480 , 69 P.3d 870 (2003)(citing State v. Ledenko, 87 Wn.

12017–2017
State v. Watson green
wash · 2002
2 sentences

2017Acts committed during a single criminal episode constitute the "same conduct." State v. Gamble, 168 Wn.2d 161, 168 , 225 P.3d 973 (2010)(citing State v. Watson, 146 Wn.2d 947, 957 , 51 P.3d 66 (2002)).

2017Acts committed during a single criminal episode constitute the "same conduct." State v. Gamble, 168 Wn.2d 161, 168 , 225 P.3d 973 (2010)(citing State v. Watson, 146 Wn.2d 947, 957 , 51 P.3d 66 (2002)).

12017–2017
State v. Fladebo neutral
washctapp · 1988
1 sentence

2017Id. at 118 .

12017–2017
State v. Kenyon neutral
washctapp · 2009
1 sentence

2014State v. Kindsvoqel. 149 Wn.2d 477, 480 , 69 P.3d 870 (2003); State v. Kenvon, 150 Wn.

12014–2014
State v. Ramos green
wash · 2008
2 sentences

2013RCW 9A.32.050. 5 Ramos. 124 Wn. App. at 343 . 6See State v. Ramos. 163 Wn.2d 654, 659 , 184 P.3d 1256 (2008).

2013RCW 9A.32.050. 5 Ramos. 124 Wn. App. at 343 . 6See State v. Ramos. 163 Wn.2d 654, 659 , 184 P.3d 1256 (2008).

12013–2013
State v. Hughes green
washctapp · 2003
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 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.

12010–2010
State v. Durrett green
washctapp · 2009
2 sentences

2010We also note that Division One issued its opinion in Durrett on June 1, 2009, more than three months after the State submitted its brief in this case. [3] Durrett involved a defendant convicted of two counts of failure to register as a sex offender. 150 Wash.App. at 405 , 208 P.3d 1174 .

2010We also note that Division One issued its opinion in Durrett on June 1, 2009, more than three months after the State submitted its brief in this case. [3] Durrett involved a defendant convicted of two counts of failure to register as a sex offender. 150 Wash.App. at 405 , 208 P.3d 1174 .

12010–2010
State v. Harris neutral
washctapp · 2006
12010–2010
State v. Crane yellow
wash · 1991
12004–2004
State v. Wanrow yellow
wash · 1978
12004–2004
State v. Harris green
wash · 1966
12004–2004
State v. Thompson green
wash · 1977
12004–2004
Guichard v. Smith green
scotus · 1982
12004–2004
Williams v. Bradley neutral
scotus · 1982
12004–2004
State v. Hanson green
wash · 2004
12004–2004
State v. Vangerpen neutral
washctapp · 1993
11995–1995
State v. Markle green
wash · 1992
11995–1995
State v. Irizarry green
wash · 1988
11995–1995
Malland v. Department of Retirement Systems green
wash · 1985
11985–1985

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) TN 5 (2001–2018) IL 4 (1995–2001) CA 3 (2022–2023) CO 3 (2008–2019) WV 3 (1996–2012) PA 3 (1992–2022) NH 2 (2014–2016) UT 2 (2017–2017)

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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