omission instruction in Washington

2014In State v. Allen, 176 Wn.2d 611, 626-27 , 294 P.3d 679 (2013), the defendant was charged with felony harassment under RCW 9A.46.020, which makes it a crime to "knowingly threaten[] ... [t]o cause bodily injury." RCW 9A.46.020(1)(a)(i). 6 State v. Johnson No. 88683-1 The State did not include in the information the constitutional limitation that only true threats may be charged, and the defendant argued that this omission was error.

2014In State v. Allen, 176 Wn.2d 611, 626-27 , 294 P.3d 679 (2013), the defendant was charged with felony harassment under RCW 9A.46.020, which makes it a crime to "knowingly threaten[] ... [t]o cause bodily injury." RCW 9A.46.020(1)(a)(i). 6 State v. Johnson No. 88683-1 The State did not include in the information the constitutional limitation that only true threats may be charged, and the defendant argued that this omission was error.

2013McGarvey v. City of Seattle, 62 Wn.2d 524, 533 , 384 P.2d 127 (1963).

2013McGarvey v. City of Seattle, 62 Wn.2d 524, 533 , 384 P.2d 127 (1963).

2011Johnson v. Kittitas County, 103 Wash.App. 212, 216 , 11 P.3d 862 (2000). ¶ 8 In criminal and civil matters, the decision to deny a continuance is reviewed for an abuse of discretion.

2011Johnson v. Kittitas County, 103 Wn.

2007State v. Kitchen, 110 Wn.2d 403, 411-12 , 756 P.2d 105 (1988).

2007State v. Kitchen, 110 Wn.2d 403, 411-12 , 756 P.2d 105 (1988).

2002Clallam County Deputy Sheriff's Guild, 92 Wash.2d at 851 , 601 P.2d 943 ; State ex rel.

2002Clallam County Deputy Sheriff’s Guild, 92 Wn.2d at 851 ; State ex rel.

2001Anderson, 141 Wn.2d at 366 .

2001Anderson, 141 Wash.2d at 366 , 5 P.3d 1247 .

1983After we decided McHenry , however, the United States Supreme Court in Kentucky v. Whorton, 441 U.S. 786, 789 , 60 L.

1980Ed. 2d 640 , 99 S. Ct. 2088 (1979), the United States Supreme Court held that the omission of a presumption of innocence instruction is not per se reversible error under the Fourteenth Amendment due process clause and must be examined under the totality of circumstances test.

2025However, generally “a defendant’s sentence is determined based on the law in effect at the time the defendant committed the crime for which [they are] being sentenced.” State v. Jenks, 12 Wn.

2020In the context of lesser included offenses, this court has stated the omission of an instruction is a harmless error if “the 1 State v. Hahn, 174 Wn.2d 126, 129 , 271 P.3d 892 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 2 State v. Fernandez-Medina, 141 Wn.2d 448, 456 , 6 P.3d 1150 (2000). 3 Fernandez-Medina, 141 Wn.2d at 456 . 4 RCW 9A.52.025. 5 RCW 9A.52.080. 6 RCW 9A.52.070. 3 No. 80173-2/4 factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.”7 Crystal claims, viewed i

2020In the context of lesser included offenses, this court has stated the omission of an instruction is a harmless error if “the 1 State v. Hahn, 174 Wn.2d 126, 129 , 271 P.3d 892 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 2 State v. Fernandez-Medina, 141 Wn.2d 448, 456 , 6 P.3d 1150 (2000). 3 Fernandez-Medina, 141 Wn.2d at 456 . 4 RCW 9A.52.025. 5 RCW 9A.52.080. 6 RCW 9A.52.070. 3 No. 80173-2/4 factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.”7 Crystal claims, viewed i

2020In the context of lesser included offenses, this court has stated the omission of an instruction is a harmless error if “the 1 State v. Hahn, 174 Wn.2d 126, 129 , 271 P.3d 892 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 2 State v. Fernandez-Medina, 141 Wn.2d 448, 456 , 6 P.3d 1150 (2000). 3 Fernandez-Medina, 141 Wn.2d at 456 . 4 RCW 9A.52.025. 5 RCW 9A.52.080. 6 RCW 9A.52.070. 3 No. 80173-2/4 factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.”7 Crystal claims, viewed i

2020In the context of lesser included offenses, this court has stated the omission of an instruction is a harmless error if “the 1 State v. Hahn, 174 Wn.2d 126, 129 , 271 P.3d 892 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 2 State v. Fernandez-Medina, 141 Wn.2d 448, 456 , 6 P.3d 1150 (2000). 3 Fernandez-Medina, 141 Wn.2d at 456 . 4 RCW 9A.52.025. 5 RCW 9A.52.080. 6 RCW 9A.52.070. 3 No. 80173-2/4 factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.”7 Crystal claims, viewed i

2020In the context of lesser included offenses, this court has stated the omission of an instruction is a harmless error if “the 1 State v. Hahn, 174 Wn.2d 126, 129 , 271 P.3d 892 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 2 State v. Fernandez-Medina, 141 Wn.2d 448, 456 , 6 P.3d 1150 (2000). 3 Fernandez-Medina, 141 Wn.2d at 456 . 4 RCW 9A.52.025. 5 RCW 9A.52.080. 6 RCW 9A.52.070. 3 No. 80173-2/4 factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.”7 Crystal claims, viewed i

2020In the context of lesser included offenses, this court has stated the omission of an instruction is a harmless error if “the 1 State v. Hahn, 174 Wn.2d 126, 129 , 271 P.3d 892 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 2 State v. Fernandez-Medina, 141 Wn.2d 448, 456 , 6 P.3d 1150 (2000). 3 Fernandez-Medina, 141 Wn.2d at 456 . 4 RCW 9A.52.025. 5 RCW 9A.52.080. 6 RCW 9A.52.070. 3 No. 80173-2/4 factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.”7 Crystal claims, viewed i

2020In the context of lesser included offenses, this court has stated the omission of an instruction is a harmless error if “the 1 State v. Hahn, 174 Wn.2d 126, 129 , 271 P.3d 892 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 2 State v. Fernandez-Medina, 141 Wn.2d 448, 456 , 6 P.3d 1150 (2000). 3 Fernandez-Medina, 141 Wn.2d at 456 . 4 RCW 9A.52.025. 5 RCW 9A.52.080. 6 RCW 9A.52.070. 3 No. 80173-2/4 factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.”7 Crystal claims, viewed i

2015The omission is error because of the possibility that some jurors relied on one act or incident and some relied on another, resulting in a lack of unanimity on all of the elements necessary for a valid conviction." Coleman, 159 Wn.2d at 512 .

2015App. 834, 845 , 954 P. 2d 943 ( 1998) ( holding that the parties' agreement as to the wording of a jury instruction precluded the court' s review of the omission of the instruction).

2015Kennealy, 151 Wn.

2011Johnson v. Kittitas County, 103 Wash.App. 212, 216 , 11 P.3d 862 (2000). ¶ 8 In criminal and civil matters, the decision to deny a continuance is reviewed for an abuse of discretion.

2001Anderson, 141 Wash.2d at 366 , 5 P.3d 1247 .

1997Lee, 128 Wn.2d at 158-60 .

1986The defendant's argument on this issue proceeds along the following lines: the omission of a presumption of innocence instruction in a criminal case is a constitutional error which requires reversal (citing State v. McHenry, 88 Wn.2d 211, 213-14 , 558 P.2d 188 (1977)); the presumption he advocates in this case (i.e., that there are sufficient mitigating circumstances to merit leniency) is likewise constitutionally required; that even though the defendant at trial proposed no instruction on this sufficient mitigating circumstances presumption (and took no exception to instruction 4 on that or a

1986The defendant's argument on this issue proceeds along the following lines: the omission of a presumption of innocence instruction in a criminal case is a constitutional error which requires reversal (citing State v. McHenry, 88 Wn.2d 211, 213-14 , 558 P.2d 188 (1977)); the presumption he advocates in this case (i.e., that there are sufficient mitigating circumstances to merit leniency) is likewise constitutionally required; that even though the defendant at trial proposed no instruction on this sufficient mitigating circumstances presumption (and took no exception to instruction 4 on that or a

1981As conceded by the majority, the omission of the instruction was error under the holding in State v. Tongate, 93 Wn.2d 751, 756 , 613 P.2d 121 (1980), wherein the court explained: The State argues in the alternative that the general instructions on the presumption of innocence and the State's burden to prove all elements of the underlying offense beyond a reasonable doubt were sufficient for the special verdict instruction as well.

1981As conceded by the majority, the omission of the instruction was error under the holding in State v. Tongate, 93 Wn.2d 751, 756 , 613 P.2d 121 (1980), wherein the court explained: The State argues in the alternative that the general instructions on the presumption of innocence and the State's burden to prove all elements of the underlying offense beyond a reasonable doubt were sufficient for the special verdict instruction as well.

1975It is true that some support for this proposition may be found in several Washington cases, including Seattle v. Love, 61 Wn.2d 113 , 377 P.2d 255 (1962); State v. Goldstein, 58 Wn.2d 155 , 361 P.2d 639 (1961); and State v. Ross, 85 Wash. 218 , 147 P. 1149 (1915).

1975It is true that some support for this proposition may be found in several Washington cases, including Seattle v. Love, 61 Wn.2d 113 , 377 P.2d 255 (1962); State v. Goldstein, 58 Wn.2d 155 , 361 P.2d 639 (1961); and State v. Ross, 85 Wash. 218 , 147 P. 1149 (1915).

1975Balandzich v. Demeroto, 10 Wn.

1975State v. Martin, 73 Wn.2d 616 , 440 P.2d 429 (1968).

1975State v. Martin, 73 Wn.2d 616 , 440 P.2d 429 (1968).

1975It is true that some support for this proposition may be found in several Washington cases, including Seattle v. Love, 61 Wn.2d 113 , 377 P.2d 255 (1962); State v. Goldstein, 58 Wn.2d 155 , 361 P.2d 639 (1961); and State v. Ross, 85 Wash. 218 , 147 P. 1149 (1915).

1975It is true that some support for this proposition may be found in several Washington cases, including Seattle v. Love, 61 Wn.2d 113 , 377 P.2d 255 (1962); State v. Goldstein, 58 Wn.2d 155 , 361 P.2d 639 (1961); and State v. Ross, 85 Wash. 218 , 147 P. 1149 (1915).

1975It is true that some support for this proposition may be found in several Washington cases, including Seattle v. Love, 61 Wn.2d 113 , 377 P.2d 255 (1962); State v. Goldstein, 58 Wn.2d 155 , 361 P.2d 639 (1961); and State v. Ross, 85 Wash. 218 , 147 P. 1149 (1915).

1975It is true that some support for this proposition may be found in several Washington cases, including Seattle v. Love, 61 Wn.2d 113 , 377 P.2d 255 (1962); State v. Goldstein, 58 Wn.2d 155 , 361 P.2d 639 (1961); and State v. Ross, 85 Wash. 218 , 147 P. 1149 (1915).

1932Abney v. Ohio Lumber & Mining Co., 45 W.

1927McMillen v. Hillman, 66 Wash. 27 , 118 Pac. 903 .

1927McMillen v. Hillman, 66 Wash. 27 , 118 Pac. 903 .