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5 Washington opinions name it 2 courts 2021–2026 5 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.
| Case | Followed | Cited |
|---|---|---|
Matter of Personal Restraint of Runyangreen2 sentences2024Restraint of Runyan, 121 Wn.2d 432, 448 , 853 P.2d 424 (1993). 2024In addressing the plaintiff’s argument, the court first recognized that “CrR 7.8 is the mechanism by which the superior courts provide for relief from a criminal judgment or order,” but that the rule does not specify whether it 10 Even if Blake defendants who paid their LFOs entirely through monetary payments may receive more reimbursement than defendants like Nelson who satisfied their LFOs through performing community service work, “‘[t]he equal protection clause does not require a state to eliminate all inequalities between the rich and the poor.’” Runyan, 121 Wn.2d at 449 (alteration in or | 1 | 2 |
State v. Olsengreen2 sentences2025In Olsen, a Blake defendant relied on Evans to argue that Blake retroactively rendered a guilty plea involuntary because it rendered simple drug possession a “nonexistent crime.” Id. at 871, 874. 2025However, when another Blake defendant made a similar argument based on Evans, the Washington Supreme Court explicitly rejected the premise “that an unconstitutional statute is a nullity, void ab initio.” State v. Olsen, ___ Wn.3d ___, 555 P.3d 868 , 875 (2024). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Kelly
green
2 sentences2026Because the standard sentencing range would be unchanged, the Blake error is immaterial under Kelly, 4 Wn.3d 170 , and Anderson, 36 Wn. App. 2d 272 . 2026Because the standard sentencing range would be unchanged, the Blake error is immaterial under Kelly, 4 Wn.3d 170 , and Anderson, 36 Wn. App. 2d 272 . | 1 | 2026–2026 |
Riggins v. Rhay
neutral
2 sentences2024In addressing the plaintiff’s argument, the court first recognized that “CrR 7.8 is the mechanism by which the superior courts provide for relief from a criminal judgment or order,” but that the rule does not specify whether it 10 Even if Blake defendants who paid their LFOs entirely through monetary payments may receive more reimbursement than defendants like Nelson who satisfied their LFOs through performing community service work, “‘[t]he equal protection clause does not require a state to eliminate all inequalities between the rich and the poor.’” Runyan, 121 Wn.2d at 449 (alteration in or 2024In addressing the plaintiff’s argument, the court first recognized that “CrR 7.8 is the mechanism by which the superior courts provide for relief from a criminal judgment or order,” but that the rule does not specify whether it 10 Even if Blake defendants who paid their LFOs entirely through monetary payments may receive more reimbursement than defendants like Nelson who satisfied their LFOs through performing community service work, “‘[t]he equal protection clause does not require a state to eliminate all inequalities between the rich and the poor.’” Runyan, 121 Wn.2d at 449 (alteration in or | 1 | 2024–2024 |
Willoughby v. Dept. of Labor & Industries
yellow
2 sentences2024Nelson argues that “‘[p]reservation of state funds is not in itself a sufficient basis to defeat an equal protection challenge.’” Br. of Appellant at 17 (alteration in original) (quoting Willoughby v. Dep’t of Lab. & Indus., 147 Wn.2d 725, 741 , 57 P.3d 611 (2002), abrogated on other grounds by Yim, 194 Wn.2d at 704). 2024Nelson argues that “‘[p]reservation of state funds is not in itself a sufficient basis to defeat an equal protection challenge.’” Br. of Appellant at 17 (alteration in original) (quoting Willoughby v. Dep’t of Lab. & Indus., 147 Wn.2d 725, 741 , 57 P.3d 611 (2002), abrogated on other grounds by Yim, 194 Wn.2d at 704). | 1 | 2024–2024 |
United States v. Sineneng-Smith
green
2 sentences2021Concurrence at 9-10, 22-24.3 As the citations above and in the footnote below show, the concurrence is incorrect about this and the cited portion of Blake’s brief does place a question of first impression 4 before us: whether the legislature possesses the power to punish Blake for innocent conduct—or, more accurately, nonconduct—without proving any mental state at all. generally have flexibility to define crimes, but due process prohibits a State from defining criminal offenses in a manner that ‘offends some principle of justice so rooted in the traditions and conscience of our people as to be 2021Concurrence at 9-10, 22-24.3 As the citations above and in the footnote below show, the concurrence is incorrect about this and the cited portion of Blake’s brief does place a question of first impression 4 before us: whether the legislature possesses the power to punish Blake for innocent conduct—or, more accurately, nonconduct—without proving any mental state at all. generally have flexibility to define crimes, but due process prohibits a State from defining criminal offenses in a manner that ‘offends some principle of justice so rooted in the traditions and conscience of our people as to be | 1 | 2021–2021 |
Patterson v. New York
green
2 sentences2021Concurrence at 9-10, 22-24.3 As the citations above and in the footnote below show, the concurrence is incorrect about this and the cited portion of Blake’s brief does place a question of first impression 4 before us: whether the legislature possesses the power to punish Blake for innocent conduct—or, more accurately, nonconduct—without proving any mental state at all. generally have flexibility to define crimes, but due process prohibits a State from defining criminal offenses in a manner that ‘offends some principle of justice so rooted in the traditions and conscience of our people as to be 2021Concurrence at 9-10, 22-24.3 As the citations above and in the footnote below show, the concurrence is incorrect about this and the cited portion of Blake’s brief does place a question of first impression 4 before us: whether the legislature possesses the power to punish Blake for innocent conduct—or, more accurately, nonconduct—without proving any mental state at all. generally have flexibility to define crimes, but due process prohibits a State from defining criminal offenses in a manner that ‘offends some principle of justice so rooted in the traditions and conscience of our people as to be | 1 | 2021–2021 |
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.
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.