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198 Washington opinions name it 2 courts 1981–2026 64 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 |
|---|---|---|
In Re the Personal Restraint of Cookgreen2 sentences2010And to prevail on a nonconstitutional claim, he must show "a fundamental defect which inherently results in a complete miscarriage of justice." In re Cook, 114 Wash.2d at 812 , 792 P.2d 506 . 2010And to prevail on a nonconstitutional claim, he must show “a fundamental defect which inherently results in a complete miscarriage of justice.” In re Cook, 114 Wn.2d at 812 . | 2 | 27 |
State v. Greshamgreen2 sentences2023Nonconstitutional error is harmless if there is a reasonable probability that, without the error, “ ‘the outcome of the trial would have been materially affected.’ ” Gresham, 173 Wn.2d at 433 (internal quotation marks omitted) (quoting State v. Smith 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). 2022Nonconstitutional error is harmless if “there is a reasonable probability that, without the error, ‘the outcome of the trial would have been materially 9 No. 37848-9-III State v. Rocha affected.’” Id. at 854 (internal quotation marks omitted) (quoting State v. Gresham, 173 Wn.2d 405, 433 , 269 P.3d 207 (2012)). | 2 | 9 |
| In Re Breedlovegreen | 2 | 3 |
| In re the Personal Restraint of Breedlovegreen | 2 | 3 |
| State v. Browngreen | 2 | 2 |
State v. Tharpgreen2 sentences2014Nonconstitutional error requires reversal only if, " within reasonable probabilities," the, outcome of the proceeding " would have been materially affected had the error not occurred." State v. Crenshaw, 98 Wn.2d 789, 800 , 659 P. 2d 488 ( 1983) ( citing State v. Tharp, 96 Wn.2d 591 , 637 P. 2d 961 ( 1981)). 2014Nonconstitutional error requires reversal only if, " within reasonable probabilities," the, outcome of the proceeding " would have been materially affected had the error not occurred." State v. Crenshaw, 98 Wn.2d 789, 800 , 659 P. 2d 488 ( 1983) ( citing State v. Tharp, 96 Wn.2d 591 , 637 P. 2d 961 ( 1981)). | 1 | 9 |
State v. Cunninghamgreen2 sentences2023No. 83056-2-I/12 State v. Barry, 183 Wn.2d 297, 303 , 352 P.3d 161 (2015).4 Under the nonconstitutional standard, the “error is not prejudicial unless, within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.” State v. Cunningham, 93 Wn.2d 823, 831 , 613 P.2d 1139 (1980). 2023No. 83056-2-I/12 State v. Barry, 183 Wn.2d 297, 303 , 352 P.3d 161 (2015).4 Under the nonconstitutional standard, the “error is not prejudicial unless, within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.” State v. Cunningham, 93 Wn.2d 823, 831 , 613 P.2d 1139 (1980). | 1 | 9 |
In re Pers. Restraint of Light-Rothgreen2 sentences2025Restraint of Light-Roth, 191 Wn.2d 328 , 333, 422 P.3d 444 (2018)). 2025Restraint of Light-Roth, 191 Wn.2d 328 , 333, 422 P.3d 444 (2018)). | 1 | 4 |
In re Pers. Restraint of Meredithgreen2 sentences2025Restraint of Meredith, 191 Wn.2d 300 , 306, 422 P.3d 458 (2018) (internal quotation marks omitted) (quoting In re Pers. 2025Meredith, 191 Wn.2d at 306; see also In re Pers. | 1 | 4 |
| In re the Personal Restraint of Finstadgreen | 1 | 2 |
| State v. Demerygreen | 1 | 2 |
| In the Matter of the Personal Restraint of: Damien Arthur Wilsongreen | 1 | 1 |
| Bell v. Stategreen | 1 | 1 |
| Bell v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re the Personal Restraint of Davis
green
2 sentences2026Davis, 152 Wn.2d at 672 . 2021To be entitled to full collateral review, the nonconstitutional error must constitute a “‘fundamental defect which inherently results in a complete miscarriage of justice.’” Davis, 152 Wn.2d at 672 (quoting In re Pers. | 11 | 2010–2026 |
In re the Personal Restraint of Yates
green
2 sentences2024Restraint of Yates, 177 Wn.2d 1, 17-18 , 296 P.3d 872 (2013). 2024Restraint of Yates, 177 Wn.2d 1, 17-18 , 296 P.3d 872 (2013). | 9 | 2016–2024 |
State v. Smith
green
2 sentences2023Nonconstitutional error is harmless if there is a reasonable probability that, without the error, “ ‘the outcome of the trial would have been materially affected.’ ” Gresham, 173 Wn.2d at 433 (internal quotation marks omitted) (quoting State v. Smith 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). 2023Nonconstitutional error is harmless if there is a reasonable probability that, without the error, “ ‘the outcome of the trial would have been materially affected.’ ” Gresham, 173 Wn.2d at 433 (internal quotation marks omitted) (quoting State v. Smith 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). | 9 | 2000–2023 |
State v. Zwicker
green
2 sentences2020State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 2020State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). | 8 | 2011–2020 |
In Re Isadore
green
2 sentences2021Restraint of Isadore, 151 Wn.2d 294, 298 , 88 P.3d 390 (2004). 2021In re Personal Restraint of Isadore, 151 Wn.2d 294, 298 , 88 P.3d 390 (2004). | 6 | 2018–2021 |
In re the Personal Restraint of Isadore
green
2 sentences2021Restraint of Isadore, 151 Wn.2d 294, 298 , 88 P.3d 390 (2004). 2021In re Personal Restraint of Isadore, 151 Wn.2d 294, 298 , 88 P.3d 390 (2004). | 6 | 2018–2021 |
In Re Woods
yellow
2 sentences2012Restraint of Woods, 154 Wash.2d 400, 409 , 114 P.3d 607 (2005). 2012Restraint of Woods, 154 Wn.2d 400, 409 , 114 P.3d 607 (2005). | 6 | 2011–2012 |
In re the Personal Restraint of Woods
yellow
2 sentences2012Restraint of Woods, 154 Wash.2d 400, 409 , 114 P.3d 607 (2005). 2012Restraint of Woods, 154 Wn.2d 400, 409 , 114 P.3d 607 (2005). | 6 | 2011–2012 |
State v. Kindell
green
2 sentences2026“A nonconstitutional error requires reversal only if there is a reasonable probability that the error materially affected the outcome of the trial.” State v. Kindell, 181 Wn. 2026A nonconstitutional error “requires reversal only if there is a reasonable probability that the error materially affected the outcome of the trial.” Kindell, 181 Wn. App. at 853 . | 5 | 2025–2026 |
State v. Gunderson
green
2 sentences2025A trial court’s error in admitting evidence is reviewed under the standard for nonconstitutional error. 8 State v. Gunderson, 181 Wn.2d 916, 926 , 337 P.3d 1090 (2014). 2025A trial court’s error in admitting evidence is reviewed under the standard for nonconstitutional error. 8 State v. Gunderson, 181 Wn.2d 916, 926 , 337 P.3d 1090 (2014). | 5 | 2024–2025 |
State v. Beadle
green
2 sentences2023State v. Barry, 184 Wn. App. 790, 802 , 339 P.3d 200 (2014). “‘Nonconstitutional error requires reversal only if, within reasonable probabilities, it materially affected the outcome of the trial.’” Beadle, 173 Wn.2d at 120 -21 (quoting State v. Russell, 125 Wn.2d 24, 94 , 882 P.2d 747 (1994)). 26 Donaldson contends that “Washington does not tolerate sheer speculation when it comes to murder weapons.” Am. Opening Br. of Appellant at 100. 2017"Nonconstitutional error requires reversal only if, within reasonable probabilities, it materially affected the outcome of the trial." Beadle, 173 Wn.2d at 120 - 21. | 4 | 2017–2023 |
State v. Halstien
green
2 sentences2014State v. Halstien, 122 Wn.2d 109, 127 , 857 P. 2d 270 ( 1993). 2014State v. Halstien, 122 Wn.2d 109, 127 , 857 P. 2d 270 ( 1993). | 4 | 1994–2014 |
Matter of Personal Restraint of Cashaw
green
2 sentences2000Id. at 810 ; see also In re Personal Restraint of Breedlove, 138 Wn.2d 298 , 304 n.1, 979 P.2d 417 (1999); In re Personal Restraint of Cashaw, 123 Wn.2d 138, 148 , 866 P.2d 8 (1994). 2000Id. at 810 ; see also In re Personal Restraint of Breedlove, 138 Wn.2d 298 , 304 n.1, 979 P.2d 417 (1999); In re Personal Restraint of Cashaw, 123 Wn.2d 138, 148 , 866 P.2d 8 (1994). | 4 | 1999–2000 |
State v. Gower
green
2 sentences2026“Nonconstitutional error is harmless if ‘there is a reasonable probability that, without the error, the outcome of the trial would have been materially affected.’” Id. (internal quotation marks omitted) (quoting State v. Gower, 179 Wn.2d 851, 854 , 321 P.3d 1178 (2014)). 2026“Nonconstitutional error is harmless if ‘there is a reasonable probability that, without the error, the outcome of the trial would have been materially affected.’” Id. (internal quotation marks omitted) (quoting State v. Gower, 179 Wn.2d 851, 854 , 321 P.3d 1178 (2014)). | 3 | 2014–2026 |
In re the Personal Restraint of Coats
green
2 sentences2016Restraint of Coats, 173 Wn.2d 123, 132 , 267 P.3d 324 (2011). ¶14 To be entitled to relief on a PRP, a petitioner must establish by a preponderance of the evidence that there was a constitutional error that resulted in actual and substan tial prejudice or that there was a nonconstitutional error involving a fundamental defect that inherently results in a complete miscarriage of justice. 2016Restraint of Coats, 173 Wn.2d 123, 132 , 267 P.3d 324 (2011). ¶14 To be entitled to relief on a PRP, a petitioner must establish by a preponderance of the evidence that there was a constitutional error that resulted in actual and substan tial prejudice or that there was a nonconstitutional error involving a fundamental defect that inherently results in a complete miscarriage of justice. | 3 | 2016–2025 |
Blakely v. Washington
green
2 sentences2024Here, Zanassi has established that his sentence was imposed contrary to the exception to indeterminate sentencing in RCW 9.94A.507(2)—a nonconstitutional error.5 Therefore, Zanassi must show that his sentence on the first degree rape of a child conviction is a fundamental defect resulting in a complete miscarriage of justice. 5 In Zanassi’s supplemental reply brief, Zanassi argues that his sentence is unconstitutional because the Sixth Amendment principles articulated in Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed. 2d 403 (2004) and Apprendi v. New Jersey, 530 U.S 466, 12 2024Here, Zanassi has established that his sentence was imposed contrary to the exception to indeterminate sentencing in RCW 9.94A.507(2)—a nonconstitutional error.5 Therefore, Zanassi must show that his sentence on the first degree rape of a child conviction is a fundamental defect resulting in a complete miscarriage of justice. 5 In Zanassi’s supplemental reply brief, Zanassi argues that his sentence is unconstitutional because the Sixth Amendment principles articulated in Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed. 2d 403 (2004) and Apprendi v. New Jersey, 530 U.S 466, 12 | 3 | 2024–2024 |
Apprendi v. New Jersey
green
2 sentences2024Here, Zanassi has established that his sentence was imposed contrary to the exception to indeterminate sentencing in RCW 9.94A.507(2)—a nonconstitutional error.5 Therefore, Zanassi must show that his sentence on the first degree rape of a child conviction is a fundamental defect resulting in a complete miscarriage of justice. 5 In Zanassi’s supplemental reply brief, Zanassi argues that his sentence is unconstitutional because the Sixth Amendment principles articulated in Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed. 2d 403 (2004) and Apprendi v. New Jersey, 530 U.S 466, 12 2024Here, Zanassi has established that his sentence was imposed contrary to the exception to indeterminate sentencing in RCW 9.94A.507(2)—a nonconstitutional error.5 Therefore, Zanassi must show that his sentence on the first degree rape of a child conviction is a fundamental defect resulting in a complete miscarriage of justice. 5 In Zanassi’s supplemental reply brief, Zanassi argues that his sentence is unconstitutional because the Sixth Amendment principles articulated in Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed. 2d 403 (2004) and Apprendi v. New Jersey, 530 U.S 466, 12 | 3 | 2024–2024 |
In Re Lord
neutral
2 sentences2024The majority goes directly to assessing whether those two errors resulted in the nature of prejudice needed to gain relief for a nonconstitutional error, that being"' a fundamental defect which inherently results in a complete miscarriage of justice."' In re Personal Restraint Petition ofNichols, 171 Wn.2d 370, 373 , 256 P.3d 1131 (2011) (quoting In re Personal Restraint Petition ofLord, 152 Wn.2d 182, 188 , 94 P.3d 952 (2004)). 7 No. 38585-0-III (concurring) Personal Restraint Petition of Quintero If Jose Quintero showed a constitutional error, his burden in establishing prejudice lessens. 2011Restraint of Lord, 152 Wn.2d 182, 188 , 94 P.3d 952 (2004) (quoting In re Pers. | 3 | 2011–2024 |
In re the Personal Restraint of Lord
green
2 sentences2024The majority goes directly to assessing whether those two errors resulted in the nature of prejudice needed to gain relief for a nonconstitutional error, that being"' a fundamental defect which inherently results in a complete miscarriage of justice."' In re Personal Restraint Petition ofNichols, 171 Wn.2d 370, 373 , 256 P.3d 1131 (2011) (quoting In re Personal Restraint Petition ofLord, 152 Wn.2d 182, 188 , 94 P.3d 952 (2004)). 7 No. 38585-0-III (concurring) Personal Restraint Petition of Quintero If Jose Quintero showed a constitutional error, his burden in establishing prejudice lessens. 2011Restraint of Lord, 152 Wn.2d 182, 188 , 94 P.3d 952 (2004) (quoting In re Pers. | 3 | 2011–2024 |
State v. Barry
green
2 sentences2023No. 83056-2-I/12 State v. Barry, 183 Wn.2d 297, 303 , 352 P.3d 161 (2015).4 Under the nonconstitutional standard, the “error is not prejudicial unless, within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.” State v. Cunningham, 93 Wn.2d 823, 831 , 613 P.2d 1139 (1980). 2023No. 83056-2-I/12 State v. Barry, 183 Wn.2d 297, 303 , 352 P.3d 161 (2015).4 Under the nonconstitutional standard, the “error is not prejudicial unless, within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.” State v. Cunningham, 93 Wn.2d 823, 831 , 613 P.2d 1139 (1980). | 3 | 2016–2024 |
In re the Personal Restraint of Swagerty
green
2 sentences2024Swagerty, 186 Wn.2d at 807 . 2024Swagerty, 186 Wn.2d at 807 . | 3 | 2024–2024 |
State v. Russell
green
2 sentences2023State v. Barry, 184 Wn. App. 790, 802 , 339 P.3d 200 (2014). “‘Nonconstitutional error requires reversal only if, within reasonable probabilities, it materially affected the outcome of the trial.’” Beadle, 173 Wn.2d at 120 -21 (quoting State v. Russell, 125 Wn.2d 24, 94 , 882 P.2d 747 (1994)). 26 Donaldson contends that “Washington does not tolerate sheer speculation when it comes to murder weapons.” Am. Opening Br. of Appellant at 100. 2023State v. Barry, 184 Wn. App. 790, 802 , 339 P.3d 200 (2014). “‘Nonconstitutional error requires reversal only if, within reasonable probabilities, it materially affected the outcome of the trial.’” Beadle, 173 Wn.2d at 120 -21 (quoting State v. Russell, 125 Wn.2d 24, 94 , 882 P.2d 747 (1994)). 26 Donaldson contends that “Washington does not tolerate sheer speculation when it comes to murder weapons.” Am. Opening Br. of Appellant at 100. | 3 | 2011–2023 |
In re the Personal Restraint of Monschke
green
2 sentences2021Restraint of Monschke, 160 Wn. App. 479, 488 , 251 P.3d 884 (2010) (quoting In re Pers. 2015Cross, 180 Wn.2d at 676 ; Monschke, 160 Wn. | 3 | 2015–2021 |
| In Re Davis green | 3 | 2010–2018 |
In Re Grantham
green
2 sentences2018Restraint of Grantham, 168 Wn.2d 204, 212 , 227 P.3d 285 (2010)(quoting In re Pers. 2018Restraint of Grantham, 168 Wn.2d 204, 212 , 227 P.3d 285 (2010) (quoting In re Pers. | 3 | 2017–2018 |
| In re the Personal Restraint of Grantham green | 3 | 2017–2018 |
| Hill v. United States green | 3 | 2016–2016 |
| State v. Jackson green | 3 | 1987–2015 |
| State v. Parker green | 3 | 2015–2015 |
| State v. Crenshaw green | 3 | 2013–2014 |
| Personal Restraint of Thompson green | 3 | 2001–2005 |
| State v. Alvarez-Abrego neutral | 2 | 2015–2026 |
| State v. Webb green | 2 | 2019–2025 |
| State Of Washington, V. Anthony Joseph Pascuzzi neutral | 2 | 2024–2025 |
| In re the Personal Restraint of Goodwin green | 2 | 2013–2024 |
| Personal Restraint Petition Of Arthur Lewis Dove green | 2 | 2021–2021 |
| In re the Personal Restraint of Schreiber green | 2 | 2020–2020 |
| In re the Personal Restraint of Grasso green | 2 | 2015–2016 |
| State v. White green | 2 | 2015–2015 |
| In re the Personal Restraint of Cross yellow | 2 | 2015–2015 |
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.