distinct act instruction (Washington) · Go Syfert
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distinct act instruction in Washington

5 Washington opinions name it 1 courts 2014–2021 1 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Washington.

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 (5)

CaseCitedYears
State v. Borsheim neutral
washctapp · 2007
2 sentences

2017App. 357 , 165 P.3d 417 (2007). 8 No. 74358-9-1-9 counts.25 But here, we do not rely on a unanimity instruction to resolve a separate and distinct act requirement for identical counts, as was the case in Borsheim.

2017App. 357 , 165 P.3d 417 (2007). 8 No. 74815-7-1/9 where the jury was given one single to-convict instruction for four separate identical counts.32 Here, we do not rely on a unanimity instruction to resolve a separate and distinct act requirement for identical counts, as was rejected in Borsheim.

22017–2017
State v. Land green
washctapp · 2013
2 sentences

2017We review a double jeopardy claim de novo, and it may be raised for the first time on appea1.19 The constitutional guarantee against double jeopardy protects a defendant against multiple punishments for the same offense.2° We "may consider insufficient instructions in light of the full record' to determine if the instructions 'actually effected a double jeopardy error."21 Where multiple counts charge the same crime against the same victim occurring during the same time period, juries should be instructed that each count requires proof of a separate and distinct act.22 But the absence of a sepa

2017App. 593, 598 , 295 P.3d 782 (2013). 20 id. (citing U.S. CONST. amend.

22014–2017
State v. Mutch green
wash · 2011
1 sentence

2021App. 2d 685 , 695, 407 P.3d 359 (2017). “‘[I]n reviewing allegations of double jeopardy, an appellate court may review the entire record to establish what was before the court.’” State v. Mutch, 171 Wn.2d 646, 664 , 254 P.3d 803 (2011) (alteration in original) (quoting State v. Noltie, 116 Wn.2d 831, 848-49 , 809 P.2d 190 (1991)).

12021–2021
State v. Noltie green
wash · 1991
2 sentences

2021App. 2d 685 , 695, 407 P.3d 359 (2017). “‘[I]n reviewing allegations of double jeopardy, an appellate court may review the entire record to establish what was before the court.’” State v. Mutch, 171 Wn.2d 646, 664 , 254 P.3d 803 (2011) (alteration in original) (quoting State v. Noltie, 116 Wn.2d 831, 848-49 , 809 P.2d 190 (1991)).

2021App. 2d 685 , 695, 407 P.3d 359 (2017). “‘[I]n reviewing allegations of double jeopardy, an appellate court may review the entire record to establish what was before the court.’” State v. Mutch, 171 Wn.2d 646, 664 , 254 P.3d 803 (2011) (alteration in original) (quoting State v. Noltie, 116 Wn.2d 831, 848-49 , 809 P.2d 190 (1991)).

12021–2021
State v. Mutch green
wash · 2011
1 sentence

2021App. 2d 685 , 695, 407 P.3d 359 (2017). “‘[I]n reviewing allegations of double jeopardy, an appellate court may review the entire record to establish what was before the court.’” State v. Mutch, 171 Wn.2d 646, 664 , 254 P.3d 803 (2011) (alteration in original) (quoting State v. Noltie, 116 Wn.2d 831, 848-49 , 809 P.2d 190 (1991)).

12021–2021

Where else courts name it

OK 5 (2023–2023) WA 5 (2014–2021)

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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