nonconstitutional error (Washington) · Go Syfert
← Washington issues

nonconstitutional error in Washington

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.

Followed or applied (14)

CaseFollowedCited
In Re the Personal Restraint of Cookgreen
wash · 1990 · cited in 27 Washington opinions naming this issue, 1999–2024
2 sentences

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 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 .

227
State v. Greshamgreen
wash · 2012 · cited in 9 Washington opinions naming this issue, 2014–2023
2 sentences

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)).

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)).

29
In Re Breedlovegreen
wash · 1999 · cited in 3 Washington opinions naming this issue, 2000–2001
23
In re the Personal Restraint of Breedlovegreen
wash · 1999 · cited in 3 Washington opinions naming this issue, 2000–2001
23
State v. Browngreen
wash · 1990 · cited in 2 Washington opinions naming this issue, 1991–1991
22
State v. Tharpgreen
wash · 1981 · cited in 9 Washington opinions naming this issue, 1983–2025
2 sentences

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)).

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)).

19
State v. Cunninghamgreen
wash · 1980 · cited in 9 Washington opinions naming this issue, 1981–2023
2 sentences

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).

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).

19
In re Pers. Restraint of Light-Rothgreen
wash · 2018 · cited in 4 Washington opinions naming this issue, 2024–2025
2 sentences

2025Restraint 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)).

14
In re Pers. Restraint of Meredithgreen
wash · 2018 · cited in 4 Washington opinions naming this issue, 2021–2025
2 sentences

2025Restraint 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.

14
In re the Personal Restraint of Finstadgreen
wash · 2013 · cited in 2 Washington opinions naming this issue, 2021–2026
12
State v. Demerygreen
wash · 2001 · cited in 2 Washington opinions naming this issue, 2011–2011
12
In the Matter of the Personal Restraint of: Damien Arthur Wilsongreen
washctapp · 2021 · cited in 1 Washington opinions naming this issue, 2025–2025
11
Bell v. Stategreen
wash · 2002 · cited in 1 Washington opinions naming this issue, 2023–2023
11
Bell v. Stategreen
wash · 2002 · cited in 1 Washington opinions naming this issue, 2023–2023
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 (66)

CaseCitedYears
In re the Personal Restraint of Davis green
wash · 2004
2 sentences

2026Davis, 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.

112010–2026
In re the Personal Restraint of Yates green
wash · 2013
2 sentences

2024Restraint 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).

92016–2024
State v. Smith green
wash · 1986
2 sentences

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)).

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)).

92000–2023
State v. Zwicker green
wash · 1986
2 sentences

2020State 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).

82011–2020
In Re Isadore green
wash · 2004
2 sentences

2021Restraint 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).

62018–2021
In re the Personal Restraint of Isadore green
wash · 2004
2 sentences

2021Restraint 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).

62018–2021
In Re Woods yellow
wash · 2005
2 sentences

2012Restraint 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).

62011–2012
In re the Personal Restraint of Woods yellow
wash · 2005
2 sentences

2012Restraint 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).

62011–2012
State v. Kindell green
washctapp · 2014
2 sentences

2026“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 .

52025–2026
State v. Gunderson green
wash · 2014
2 sentences

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).

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).

52024–2025
State v. Beadle green
wash · 2011
2 sentences

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.

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.

42017–2023
State v. Halstien green
wash · 1993
2 sentences

2014State 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).

41994–2014
Matter of Personal Restraint of Cashaw green
wash · 1994
2 sentences

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).

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).

41999–2000
State v. Gower green
wash · 2014
2 sentences

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)).

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)).

32014–2026
In re the Personal Restraint of Coats green
wash · 2011
2 sentences

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.

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.

32016–2025
Blakely v. Washington green
scotus · 2004
2 sentences

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

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

32024–2024
Apprendi v. New Jersey green
scotus · 2000
2 sentences

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

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

32024–2024
In Re Lord neutral
wash · 2004
2 sentences

2024The 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.

32011–2024
In re the Personal Restraint of Lord green
wash · 2004
2 sentences

2024The 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.

32011–2024
State v. Barry green
wash · 2015
2 sentences

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).

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).

32016–2024
In re the Personal Restraint of Swagerty green
wash · 2016
2 sentences

2024Swagerty, 186 Wn.2d at 807 .

2024Swagerty, 186 Wn.2d at 807 .

32024–2024
State v. Russell green
wash · 1994
2 sentences

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.

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.

32011–2023
In re the Personal Restraint of Monschke green
washctapp · 2010
2 sentences

2021Restraint 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.

32015–2021
In Re Davis green
wash · 2004
32010–2018
In Re Grantham green
wash · 2010
2 sentences

2018Restraint 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.

32017–2018
In re the Personal Restraint of Grantham green
wash · 2010
32017–2018
Hill v. United States green
scotus · 1962
32016–2016
State v. Jackson green
wash · 1984
31987–2015
State v. Parker green
wash · 1984
32015–2015
State v. Crenshaw green
wash · 1983
32013–2014
Personal Restraint of Thompson green
wash · 2000
32001–2005
State v. Alvarez-Abrego neutral
washctapp · 2010
22015–2026
State v. Webb green
washctapp · 1992
22019–2025
State Of Washington, V. Anthony Joseph Pascuzzi neutral
washctapp · 2024
22024–2025
In re the Personal Restraint of Goodwin green
wash · 2002
22013–2024
Personal Restraint Petition Of Arthur Lewis Dove green
washctapp · 2016
22021–2021
In re the Personal Restraint of Schreiber green
washctapp · 2015
22020–2020
In re the Personal Restraint of Grasso green
wash · 2004
22015–2016
State v. White green
wash · 1967
22015–2015
In re the Personal Restraint of Cross yellow
wash · 2014
22015–2015

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (74) WA § Wash. Rev. Code § 10.73.090 (46) WA § Wash. Rev. Code § 10.73.100 (28) WA § Wash. Rev. Code § 9.94A.030 (26) WA § Wash. Rev. Code § 9.94A.535 (14) WA § Wash. Rev. Code § 9.94A.589 (12) WA § Wash. Rev. Code § 10.73.140 (10) WA § Wash. Rev. Code § 9A.36.021 (10) WA § Wash. Rev. Code § 9.94A.525 (9) WA § Wash. Rev. Code § 9A.32.030 (9) WA § Wash. Rev. Code § 9.94A.570 (8) WA § Wash. Rev. Code § 9A.52.020 (8)

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

TX 213 (1999–2026) WA 198 (1981–2026) CT 195 (1984–2026) IA 46 (2004–2026) OH 43 (1994–2026) GA 36 (1988–2026) MI 33 (1997–2026) NY 31 (1975–2025) VA 25 (1994–2026) DC 13 (1981–2026) IL 13 (1975–2025) KS 12 (1987–2022) NV 11 (2013–2024) NM 10 (1989–2026) CO 9 (1996–2026) WV 8 (1979–2026) CA 6 (1984–2016) MD 5 (1984–2005) RI 5 (1989–2009) AL 4 (1997–2013) WI 3 (1983–2002) WY 3 (1984–2019) MN 2 (1989–2014) MS 2 (1998–2001) IN 2 (1986–1999) MA 2 (2010–2018) ND 2 (1999–1999) NJ 2 (1985–1990)

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.

← Caselaw search · G Cite Topics · Brief Check