abuse of discretion standard (Washington) · Go Syfert
← Washington issues

abuse of discretion standard in Washington

900 Washington opinions name it 2 courts 1970–2026 178 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 (33)

CaseFollowedCited
Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp.green
wash · 1993 · cited in 12 Washington opinions naming this issue, 1996–2026
2 sentences

2026“The abuse of discretion standard . . . recognizes that deference is owed to the judicial actor who is ‘better positioned than another to decide the issue in question.’” Fisons, 122 Wn.2d at 339 (internal quotation marks omitted) (quoting Cooter & Gell v. Hartmax Corp., 469 U.S. 384 , 403, 110 S. Ct. 2447 110 L. Ed. 2d 359 1990 )).

2026“The abuse of discretion standard . . . recognizes that deference is owed to the judicial actor who is ‘better positioned than another to decide the issue in question.’” Fisons, 122 Wn.2d at 339 (internal quotation marks omitted) (quoting Cooter & Gell v. Hartmax Corp., 469 U.S. 384 , 403, 110 S. Ct. 2447 110 L. Ed. 2d 359 1990 )).

412
State v. Myersgreen
wash · 1997 · cited in 6 Washington opinions naming this issue, 1999–2014
46
Skagit Railway & Lumber Co. v. Colegreen
wash · 1891 · cited in 4 Washington opinions naming this issue, 2004–2017
44
State v. Sisouvanhgreen
wash · 2012 · cited in 18 Washington opinions naming this issue, 2013–2026
2 sentences

2026Under an abuse of discretion standard, the reviewing court will find error only when the trial court’s decision “(1) adopts a view that no reasonable person would take and is thus ‘manifestly unreasonable,’ (2) rests on facts unsupported in the record and is thus based on ‘untenable grounds,’ or (3) was reached by applying the wrong legal standard and is thus made ‘for untenable reasons.’” State v. Sisouvanh, 175 Wn.2d 607 , 8 No. 39921-4-III State v. Kiernan 623, 290 P.3d 942 (2012) (quoting State v. Blackwell, 120 Wn.2d 822, 830 , 845 P.2d 1017 (1993)).

2026Under an abuse of discretion standard, the reviewing court will find error only when the trial court’s decision “(1) adopts a view that no reasonable person would take and is thus ‘manifestly unreasonable,’ (2) rests on facts unsupported in the record and is thus based on ‘untenable grounds,’ or (3) was reached by applying the wrong legal standard and is thus made ‘for untenable reasons.’” State v. Sisouvanh, 175 Wn.2d 607 , 8 No. 39921-4-III State v. Kiernan 623, 290 P.3d 942 (2012) (quoting State v. Blackwell, 120 Wn.2d 822, 830 , 845 P.2d 1017 (1993)).

318
State v. Stensongreen
wash · 1997 · cited in 15 Washington opinions naming this issue, 1999–2026
2 sentences

2014NO. 69918-1-1/4 We review decisions on the admissibility of evidence under an abuse of discretion standard.5 An abuse of discretion exists "[wjhen a trial court's exercise of its discretion is manifestly unreasonable or based upon untenable grounds or reasons."6 A discretionary decision "is based 'on untenable grounds' or made 'for untenable reasons' if it rests on facts unsupported in the record or was reached by applying the wrong legal standard."7 ANALYSIS Fentahun claims that the trial court should have excluded as testimonial hearsay a tape of the 911 call and Amanuel's statements to Drum

2014NO. 69918-1-1/4 We review decisions on the admissibility of evidence under an abuse of discretion standard.5 An abuse of discretion exists "[wjhen a trial court's exercise of its discretion is manifestly unreasonable or based upon untenable grounds or reasons."6 A discretionary decision "is based 'on untenable grounds' or made 'for untenable reasons' if it rests on facts unsupported in the record or was reached by applying the wrong legal standard."7 ANALYSIS Fentahun claims that the trial court should have excluded as testimonial hearsay a tape of the 911 call and Amanuel's statements to Drum

315
State v. Fergusongreen
wash · 2001 · cited in 12 Washington opinions naming this issue, 2001–2009
2 sentences

2009State v. Ferguson, 142 Wn.2d 631, 646 , 15 P.3d 1271 (2001). ¶37 We review an exceptional sentence under the abuse of discretion standard.

2009State v. Ferguson, 142 Wn.2d 631, 646 , 15 P.3d 1271 (2001). ¶37 We review an exceptional sentence under the abuse of discretion standard.

312
State v. Arndtgreen
wash · 2019 · cited in 18 Washington opinions naming this issue, 2020–2026
2 sentences

2026Properly raised, contentions that evidentiary rulings violated a defendant’s constitutional “right to present a defense” are reviewed pursuant to a two-step process, wherein appellate courts first review the challenged evidentiary rulings under an abuse of discretion standard, then courts review de novo whether such whether such rulings violate a defendant’s constitutional “right to present a defense.” State v. Arndt, 194 Wn.2d 784, 797-812 , 453 P.3d 696 (2019).

2026Properly raised, contentions that evidentiary rulings violated a defendant’s constitutional “right to present a defense” are reviewed pursuant to a two-step process, wherein appellate courts first review the challenged evidentiary rulings under an abuse of discretion standard, then courts review de novo whether such whether such rulings violate a defendant’s constitutional “right to present a defense.” State v. Arndt, 194 Wn.2d 784, 797-812 , 453 P.3d 696 (2019).

218
State v. Oxborrowgreen
wash · 1986 · cited in 18 Washington opinions naming this issue, 1986–2014
2 sentences

1993See State v. Oxborrow, 106 Wn.2d 525 , 723 P.2d 1123 (1986) (adopting an abuse of discretion standard based on the language of RCW 9.94A.010); see also State v. Stalker, 42 Wn.

1993See State v. Oxborrow, 106 Wn.2d 525 , 723 P.2d 1123 (1986) (adopting an abuse of discretion standard based on the language of RCW 9.94A.010); see also State v. Stalker, 42 Wn.

218
Progressive Animal Welfare Society v. University of Washingtongreen
wash · 1990 · cited in 14 Washington opinions naming this issue, 1996–2005
2 sentences

2005Progressive Animal Welfare Soc'y v. University of Washington, 114 Wash.2d 677, 688-89 , 790 P.2d 604 (1990).

2005Progressive Animal Welfare Soc'y v. University of Washington, 114 Wash.2d 677, 688-89 , 790 P.2d 604 (1990).

214
State v. Swangreen
wash · 1990 · cited in 10 Washington opinions naming this issue, 1991–2026
2 sentences

2026“Appellate courts will carefully review the evidence and testimony presented in evaluating the exclusion and admission of child hearsay statements even under the abuse of discretion standard.” State v. Swan, 114 Wn.2d 613, 667 , 790 P.2d 610 (1990).

2026“Appellate courts will carefully review the evidence and testimony presented in evaluating the exclusion and admission of child hearsay statements even under the abuse of discretion standard.” State v. Swan, 114 Wn.2d 613, 667 , 790 P.2d 610 (1990).

210
State v. Jenningsgreen
wash · 2022 · cited in 5 Washington opinions naming this issue, 2023–2026
25
In Re the Marriage of Landrygreen
wash · 1985 · cited in 4 Washington opinions naming this issue, 1996–2024
24
State v. Hardestygreen
wash · 1996 · cited in 4 Washington opinions naming this issue, 2005–2018
24
State v. Brettgreen
wash · 1995 · cited in 46 Washington opinions naming this issue, 1997–2026
2 sentences

2026We agree with the State. “‘Allegations of prosecutorial misconduct are reviewed under an abuse of discretion standard.’” State v. Lindsay, 180 Wn.2d 423, 430 , 326 P.3d 125 (2014) (quoting State v. Brett, 126 Wn.2d 136, 174-75 , 892 P.2d 29 (1995)).

2026We agree with the State. “‘Allegations of prosecutorial misconduct are reviewed under an abuse of discretion standard.’” State v. Lindsay, 180 Wn.2d 423, 430 , 326 P.3d 125 (2014) (quoting State v. Brett, 126 Wn.2d 136, 174-75 , 892 P.2d 29 (1995)).

146
State v. Lindsaygreen
wash · 2014 · cited in 31 Washington opinions naming this issue, 2015–2026
2 sentences

2026We agree with the State. “‘Allegations of prosecutorial misconduct are reviewed under an abuse of discretion standard.’” State v. Lindsay, 180 Wn.2d 423, 430 , 326 P.3d 125 (2014) (quoting State v. Brett, 126 Wn.2d 136, 174-75 , 892 P.2d 29 (1995)).

2026We agree with the State. “‘Allegations of prosecutorial misconduct are reviewed under an abuse of discretion standard.’” State v. Lindsay, 180 Wn.2d 423, 430 , 326 P.3d 125 (2014) (quoting State v. Brett, 126 Wn.2d 136, 174-75 , 892 P.2d 29 (1995)).

131
State v. Thorgersongreen
wash · 2011 · cited in 15 Washington opinions naming this issue, 2015–2026
2 sentences

2020This court reviews a claim of prosecutorial misconduct under an abuse of discretion standard. 1 We evaluate the propriety of the prosecutor's conduct and whether any improper conduct prejudiced a defendant by reviewing a prosecutor's challenged statements in the context of the entire case. 2 To show prejudice, a defendant must demonstrate a substantial likelihood that the prosecutor's misconduct affected the outcome of the trial. 3 When a defendant fails to object to the challenged conduct, the defendant must show the conduct was so flagrant and ill-intentioned that a jury instruction could no

2020This court reviews a claim of prosecutorial misconduct under an abuse of discretion standard. 1 We evaluate the propriety of the prosecutor's conduct and whether any improper conduct prejudiced a defendant by reviewing a prosecutor's challenged statements in the context of the entire case. 2 To show prejudice, a defendant must demonstrate a substantial likelihood that the prosecutor's misconduct affected the outcome of the trial. 3 When a defendant fails to object to the challenged conduct, the defendant must show the conduct was so flagrant and ill-intentioned that a jury instruction could no

115
State v. Powellgreen
wash · 1995 · cited in 15 Washington opinions naming this issue, 1997–2018
2 sentences

2014NO. 69918-1-1/4 We review decisions on the admissibility of evidence under an abuse of discretion standard.5 An abuse of discretion exists "[wjhen a trial court's exercise of its discretion is manifestly unreasonable or based upon untenable grounds or reasons."6 A discretionary decision "is based 'on untenable grounds' or made 'for untenable reasons' if it rests on facts unsupported in the record or was reached by applying the wrong legal standard."7 ANALYSIS Fentahun claims that the trial court should have excluded as testimonial hearsay a tape of the 911 call and Amanuel's statements to Drum

2014NO. 69918-1-1/4 We review decisions on the admissibility of evidence under an abuse of discretion standard.5 An abuse of discretion exists "[wjhen a trial court's exercise of its discretion is manifestly unreasonable or based upon untenable grounds or reasons."6 A discretionary decision "is based 'on untenable grounds' or made 'for untenable reasons' if it rests on facts unsupported in the record or was reached by applying the wrong legal standard."7 ANALYSIS Fentahun claims that the trial court should have excluded as testimonial hearsay a tape of the 911 call and Amanuel's statements to Drum

115
State v. Magersgreen
wash · 2008 · cited in 12 Washington opinions naming this issue, 2012–2026
2 sentences

2020“A trial court’s determination that a hearsay exception applies is judged on an abuse of discretion standard.” State v. Maqers, 164 Wn.2d 174, 187 , 189 P.3d 126 (2008).

2020“A trial court’s determination that a hearsay exception applies is judged on an abuse of discretion standard.” State v. Maqers, 164 Wn.2d 174, 187 , 189 P.3d 126 (2008).

112
Cooter & Gell v. Hartmarx Corp.yellow
scotus · 1990 · cited in 9 Washington opinions naming this issue, 1992–2026
2 sentences

2026“The abuse of discretion standard . . . recognizes that deference is owed to the judicial actor who is ‘better positioned than another to decide the issue in question.’” Fisons, 122 Wn.2d at 339 (internal quotation marks omitted) (quoting Cooter & Gell v. Hartmax Corp., 469 U.S. 384 , 403, 110 S. Ct. 2447 110 L. Ed. 2d 359 1990 )).

2026“The abuse of discretion standard . . . recognizes that deference is owed to the judicial actor who is ‘better positioned than another to decide the issue in question.’” Fisons, 122 Wn.2d at 339 (internal quotation marks omitted) (quoting Cooter & Gell v. Hartmax Corp., 469 U.S. 384 , 403, 110 S. Ct. 2447 110 L. Ed. 2d 359 1990 )).

19
State v. Garzagreen
wash · 2003 · cited in 9 Washington opinions naming this issue, 2004–2018
2 sentences

2018Sisouvanh, 175 Wash.2d at 621 -22 , 290 P.3d 942 (applying an abuse of discretion standard when "a determination is fact intensive and involves numerous factors to be weighed on a case-by-case basis" (citing In re Parentage of Jannot, 149 Wash.2d 123 , 127, 65 P.3d 664 (2003) ; State v. Garza, 150 Wash.2d 360 , 366, 77 P.3d 347 (2003) ) ).

2018Sisouvanh, 175 Wash.2d at 621 -22 , 290 P.3d 942 (applying an abuse of discretion standard when "a determination is fact intensive and involves numerous factors to be weighed on a case-by-case basis" (citing In re Parentage of Jannot, 149 Wash.2d 123 , 127, 65 P.3d 664 (2003) ; State v. Garza, 150 Wash.2d 360 , 366, 77 P.3d 347 (2003) ) ).

19
State v. Madsengreen
wash · 2010 · cited in 6 Washington opinions naming this issue, 2016–2020
16
State v. Lordred
wash · 1992 · cited in 6 Washington opinions naming this issue, 1997–2019
16
State v. Lewisgreen
wash · 1996 · cited in 6 Washington opinions naming this issue, 1999–2014
16
State v. Kwan Fai Makred
wash · 1986 · cited in 6 Washington opinions naming this issue, 1989–2009
16
SAC Downtown Ltd. Partnership v. Kahngreen
wash · 1994 · cited in 5 Washington opinions naming this issue, 2014–2023
15
State v. Briscoeraygreen
washctapp · 1999 · cited in 5 Washington opinions naming this issue, 2001–2013
15
Bank of America, NA v. Millergreen
washctapp · 2001 · cited in 5 Washington opinions naming this issue, 2005–2007
15
State v. Greshamgreen
wash · 2012 · cited in 4 Washington opinions naming this issue, 2014–2026
14
State v. Hudlowgreen
wash · 1983 · cited in 4 Washington opinions naming this issue, 2007–2021
14
State v. Robertsgreen
wash · 2000 · cited in 4 Washington opinions naming this issue, 2012–2020
14
In re the Personal Restraint of Glasmanngreen
wash · 2012 · cited in 4 Washington opinions naming this issue, 2014–2020
14
State Of Washington v. Samuel Lee Irwingreen
washctapp · 2015 · cited in 4 Washington opinions naming this issue, 2017–2019
14
State v. Breedlovegreen
washctapp · 1995 · cited in 4 Washington opinions naming this issue, 2001–2017
14

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 (47)

CaseCitedYears
State v. Law green
wash · 2005
2 sentences

2020State v. Law, 154 Wn.2d 85, 93 , 110 P.3d 717 (2005).

2020State v. Law, 154 Wn.2d 85, 93 , 110 P.3d 717 (2005).

122007–2020
State v. Nordby green
wash · 1986
2 sentences

2001On review we ask “(1) whether there is sufficient evidence in the record to support the reasons for imposing an exceptional sentence under a clearly erroneous standard, (2) whether as a matter of law the reasons justify an exceptional sentence, and (3) whether an exceptional sentence is clearly excessive under an abuse of discretion standard.” Halgren, 137 Wn.2d at 345 -46 (citing RCW 9.94A.210(4); State v. Nordby, 106 Wn.2d 514 , 723 P.2d 1117 (1986)).

2001On review we ask “(1) whether there is sufficient evidence in the record to support the reasons for imposing an exceptional sentence under a clearly erroneous standard, (2) whether as a matter of law the reasons justify an exceptional sentence, and (3) whether an exceptional sentence is clearly excessive under an abuse of discretion standard.” Halgren, 137 Wn.2d at 345 -46 (citing RCW 9.94A.210(4); State v. Nordby, 106 Wn.2d 514 , 723 P.2d 1117 (1986)).

121999–2003
State v. Rohrich green
wash · 2003
2 sentences

2023“Under an abuse of discretion standard, the reviewing court will find error only when the trial court’s decision (1) adopts a view that no reasonable person would take and is thus ‘manifestly unreasonable,’ (2) rests on facts unsupported in the record and is thus based on ‘untenable grounds,’ or (3) was reached by applying the wrong legal standard and is thus made ‘for untenable reasons.’ ” State v. Sisouvanh, 175 Wn.2d 607, 623 , 290 P.3d 942 (2012) (internal quotation marks omitted) (quoting State v. Rohrich, 149 Wn.2d 647, 654 , 71 P.3d 638 (2003)).

2023“Under an abuse of discretion standard, the reviewing court will find error only when the trial court’s decision (1) adopts a view that no reasonable person would take and is thus ‘manifestly unreasonable,’ (2) rests on facts unsupported in the record and is thus based on ‘untenable grounds,’ or (3) was reached by applying the wrong legal standard and is thus made ‘for untenable reasons.’ ” State v. Sisouvanh, 175 Wn.2d 607, 623 , 290 P.3d 942 (2012) (internal quotation marks omitted) (quoting State v. Rohrich, 149 Wn.2d 647, 654 , 71 P.3d 638 (2003)).

112006–2023
State v. France green
washctapp · 2013
2 sentences

2025We reverse if “under a clearly erroneous standard, there is insufficient evidence in the record” to support the exceptional sentence; “under a de novo standard, the reasons supplied by the sentencing court do not justify a departure from the standard range”; or “under an abuse of discretion standard, the sentence is clearly excessive or clearly too lenient.” France, 176 Wn. App. at 469 .

2021To reverse an exceptional sentence, we must conclude that: (1) under a clearly erroneous standard, there is insufficient evidence in the record to support the reasons for imposing an exceptional sentence; (2) under a de novo standard, the reasons supplied by the sentencing court do not justify a departure from the standard range; or (3) under an abuse of discretion standard, the sentence is clearly excessive or clearly too lenient. 6 State v. France, 176 Wn. App. 463, 469 , 308 P.3d 812 (2013); RCW 9.94A.585(4).

102015–2025
Rivers v. STATE CONF. OF MASON CONTRACTORS green
wash · 2002
2 sentences

2004Under the abuse of discretion standard, we will not disturb the superior court's determination except upon a clear showing that the determination was "manifestly unreasonable" or was based upon "untenable grounds" or made for "untenable reasons." Rivers, 145 Wash.2d at 684 , 41 P.3d 1175 (quoting Burnet *427 v. Spokane Ambulance, 131 Wash.2d 484, 494 , 933 P.2d 1036 (1997)).

2004Under the abuse of discretion standard, we will not disturb the superior court’s determination except upon a clear showing that the determination was “ ‘manifestly unreasonable’ ” or was based upon “ ‘untenable grounds’ ” or made for “ ‘untenable reasons.’ ” Rivers, 145 Wn.2d at 684 -85 (quoting Burnet v. Spokane Ambulance, 131 Wn.2d 484, 494 , 933 P.2d 1036 (1997)).

102004–2024
State v. Valencia green
wash · 2010
2 sentences

2018See id. at 652, 656 ; State v. Sanchez Valencia, 169 Wn.2d 782, 791-92 , 239 P.3d 1059 (2010); State v. Cordero, 170 Wn.

2017We “apply an abuse of discretion standard of review, and if the condition is unconstitutionally vague, it will be manifestly unreasonable.” Valencia, 169 Wn.2d at 793 .

102014–2018
State v. Pirtle green
wash · 1995
2 sentences

2026Ordinarily, we review “a trial court’s decisions as to the admissibility of evidence under an abuse of discretion standard.” State v. Pirtle, 127 Wn.2d 628, 648 , 904 P.2d 245 (1995). “[A]n erroneous evidentiary ruling does not result in reversal unless the defendant was prejudiced.” State v. Gonzalez-Gonzalez, 193 Wn. App. 683, 689 , 370 P.3d 989 (2016).

2026Ordinarily, we review “a trial court’s decisions as to the admissibility of evidence under an abuse of discretion standard.” State v. Pirtle, 127 Wn.2d 628, 648 , 904 P.2d 245 (1995). “[A]n erroneous evidentiary ruling does not result in reversal unless the defendant was prejudiced.” State v. Gonzalez-Gonzalez, 193 Wn. App. 683, 689 , 370 P.3d 989 (2016).

91997–2026
State v. Downing green
wash · 2004
2 sentences

2026“Under an abuse of discretion standard, the trial court’s decision should be upheld unless it is ‘manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons.’” In re Est. of Black, 153 Wn.2d 152, 172 , 102 P.3d 796 (2004) - 20 - (internal quotation marks omitted) (quoting State v. Downing, 151 Wn.2d 265, 272 , 87 P.3d 1169 (2004)).

2026“Under an abuse of discretion standard, the trial court’s decision should be upheld unless it is ‘manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons.’” In re Est. of Black, 153 Wn.2d 152, 172 , 102 P.3d 796 (2004) - 20 - (internal quotation marks omitted) (quoting State v. Downing, 151 Wn.2d 265, 272 , 87 P.3d 1169 (2004)).

92004–2026
State v. Hughes green
wash · 1986
2 sentences

2018"Allegations of prosecutorial misconduct are reviewed under an abuse of discretion standard." State v. Brett, 126 Wn.2d 136, 174-75 , 892 P.2d 29 (1995) (citing State v. Hughes, 106 Wn.2d 176, 195 , 721 P.2d 902 (1986)).

2018"Allegations of prosecutorial misconduct are reviewed under an abuse of discretion standard." State v. Brett, 126 Wn.2d 136, 174-75 , 892 P.2d 29 (1995) (citing State v. Hughes, 106 Wn.2d 176, 195 , 721 P.2d 902 (1986)).

91995–2018
State v. Hopson green
wash · 1989
2 sentences

2018"This court applies an abuse of discretion standard in reviewing the trial court's denial of a mistrial." State v. Rodriquez, 146 Wn.2d 260, 269 , 45 P.3d 541 (2002)(citing State v. Hopson, 113 Wn.2d 273, 284 , 778 P.2d 1014 (1989)).

2018"This court applies an abuse of discretion standard in reviewing the trial court's denial of a mistrial." State v. Rodriquez, 146 Wn.2d 260, 269 , 45 P.3d 541 (2002)(citing State v. Hopson, 113 Wn.2d 273, 284 , 778 P.2d 1014 (1989)).

81993–2025
Jannot v. Jannot green
wash · 2003
2 sentences

2020An abuse of discretion standard is strongly supported by In re Parentage of Jannot, 149 Wn.2d 123, 126 , 65 P.3d 664 (2003), which held that adequate cause determinations in actions to modify a parenting plan are reviewed for an abuse of discretion, not de novo, even though they are based on affidavits that are equally available to the appellate court.

2020An abuse of discretion standard is strongly supported by In re Parentage of Jannot, 149 Wn.2d 123, 126 , 65 P.3d 664 (2003), which held that adequate cause determinations in actions to modify a parenting plan are reviewed for an abuse of discretion, not de novo, even though they are based on affidavits that are equally available to the appellate court.

82012–2023
State v. Demery green
wash · 2001
2 sentences

2026State v. Demery, 144 Wn.2d 753, 758 , 30 P.3d 1278 (2001).

2026State v. Demery, 144 Wn.2d 753, 758 , 30 P.3d 1278 (2001).

72014–2026
State v. Ish green
wash · 2010
2 sentences

2020This court reviews a claim of prosecutorial misconduct under an abuse of discretion standard. 1 We evaluate the propriety of the prosecutor's conduct and whether any improper conduct prejudiced a defendant by reviewing a prosecutor's challenged statements in the context of the entire case. 2 To show prejudice, a defendant must demonstrate a substantial likelihood that the prosecutor's misconduct affected the outcome of the trial. 3 When a defendant fails to object to the challenged conduct, the defendant must show the conduct was so flagrant and ill-intentioned that a jury instruction could no

2020This court reviews a claim of prosecutorial misconduct under an abuse of discretion standard. 1 We evaluate the propriety of the prosecutor's conduct and whether any improper conduct prejudiced a defendant by reviewing a prosecutor's challenged statements in the context of the entire case. 2 To show prejudice, a defendant must demonstrate a substantial likelihood that the prosecutor's misconduct affected the outcome of the trial. 3 When a defendant fails to object to the challenged conduct, the defendant must show the conduct was so flagrant and ill-intentioned that a jury instruction could no

72015–2025
State v. Lane green
wash · 1995
2 sentences

2025“We review the admission of evidence under an abuse of discretion standard.” State v. Lane, 125 Wn.2d 825, 831 , 889 P.2d 929 (1995).

2025“We review the admission of evidence under an abuse of discretion standard.” State v. Lane, 125 Wn.2d 825, 831 , 889 P.2d 929 (1995).

71995–2025
State v. Ritchie yellow
wash · 1995
2 sentences

2015State v. Ritchie, 126 Wn.2d 388, 395-96 , 894 P.2d 1308 (1995).

2015State v. Ritchie, 126 Wn.2d 388, 395-96 , 894 P.2d 1308 (1995).

71996–2015
State v. Pryor green
wash · 1990
71991–2003
Ethridge v. Hwang green
washctapp · 2001
62006–2024
State v. Cordero green
washctapp · 2012
62016–2018
State v. Creekmore green
washctapp · 1990
61990–2007
State v. Halgren green
wash · 1999
62001–2001
State v. Hurd neutral
wash · 1995
52004–2026
State v. Blackwell green
wash · 1993
52001–2026
State v. Quaale green
wash · 2014
52015–2025
Dix v. ICT Group, Inc. green
wash · 2007
52008–2024
State v. Finch green
wash · 1999
52003–2023
In re the Marriage of Horner green
wash · 2004
52006–2021
State v. McKenzie green
wash · 2006
52012–2020
State v. Russell green
wash · 1994
52008–2020
State v. Thomas yellow
wash · 2004
52008–2017
Brand v. DEPT. OF LABOR & INDUSTRIES green
wash · 1999
52002–2016
State v. Johnson green
wash · 1994
51996–2016
State Ex Rel. Carroll v. Junker green
wash · 1971
41993–2025
State v. Emery green
wash · 2012
42018–2025
Tradewell Group, Inc. v. Mavis green
washctapp · 1993
42005–2024
Rettkowski v. Department of Ecology green
wash · 1996
42003–2021
In re the Marriage of Littlefield red
wash · 1997
42012–2021
State v. Hemenway neutral
washctapp · 2004
42010–2018
State v. Michielli green
wash · 1997
42003–2018
State v. King green
washctapp · 1994
41996–2017
State v. Cheatam green
wash · 2003
42007–2014

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (159) WA § Wash. Rev. Code § 9.94A.030 (84) WA § Wash. Rev. Code § 9.94A.535 (71) WA § Wash. Rev. Code § 9.94A.010 (46) WA § Wash. Rev. Code § 9.94A.585 (34) WA § Wash. Rev. Code § 9.94A.505 (33) WA § Wash. Rev. Code § 9.94A.589 (33) WA § Wash. Rev. Code § 9.94A.703 (31) WA § Wash. Rev. Code § 9A.32.030 (30) WA § Wash. Rev. Code § 10.01.160 (28) WA § Wash. Rev. Code § 9A.20.021 (28) WA § Wash. Rev. Code § 9A.36.021 (27)

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 16805 (1977–2026) OH 7049 (1971–2026) CA 3918 (1957–2026) TN 3855 (1978–2026) IL 2288 (1898–2026) PA 1947 (1965–2026) WV 1933 (1994–2026) FL 1411 (1980–2026) NJ 1373 (1978–2026) MS 1210 (1990–2026) ID 1159 (1978–2026) AZ 961 (1957–2026) WA 900 (1970–2026) IN 849 (1976–2026) LA 787 (1984–2026) SD 691 (1982–2026) CT 685 (1975–2026) KS 670 (1966–2026) ND 660 (1982–2026) VA 641 (1991–2026) NC 633 (1981–2026) HI 592 (1983–2026) NM 551 (1985–2026) MN 531 (1983–2026) UT 531 (1927–2026) KY 518 (1988–2026) MD 499 (1972–2026) AR 445 (1989–2026) MI 433 (1973–2026) GA 338 (1930–2026) SC 307 (1982–2026) MO 295 (1979–2025) MA 268 (1974–2026) WY 264 (1983–2026) IA 206 (1947–2026) AK 200 (1974–2026) CO 187 (1978–2026) AL 181 (1981–2026) RI 149 (1989–2026) DE 148 (1979–2026) MT 134 (1983–2026) NV 121 (1979–2026) OK 120 (1992–2026) DC 107 (1976–2026) VT 76 (1964–2026) ME 65 (1980–2024) NE 62 (1991–2026) OR 60 (1996–2026) NY 52 (1978–2026) NH 45 (1987–2024) WI 25 (1970–2003) VI 24 (2004–2026) MP 7 (1990–2025) GU 6 (2021–2026)

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