low bar (Washington) · Go Syfert
← Washington issues

low bar in Washington

27 Washington opinions name it 2 courts 2008–2026 9 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 (9)

CaseFollowedCited
Vasquez v. Markingreen
washctapp · 1986 · cited in 2 Washington opinions naming this issue, 2015–2015
2 sentences

2015The facts of Vasquez v. Markin, 46 Wn.

2015The facts of Vasquez v. Markin, 46 Wn.

22
State v. Tatumgreen
· 1961 · cited in 1 Washington opinions naming this issue, 2026–2026
2 sentences

2026Id.; see also State v. Tatum, 58 Wn.2d 73 , 360 P.2d 754 (1961).

2026Id.; see also State v. Tatum, 58 Wn.2d 73 , 360 P.2d 754 (1961).

11
State v. Manussiergreen
wash · 1996 · cited in 1 Washington opinions naming this issue, 2025–2025
1 sentence

2025Ed. 2d 1 (1992); see also State v. Manussier, 129 Wn.2d 652, 673 , 921 P.2d 473 (1996) (discussing how the low bar to surviving rational basis scrutiny is rooted in our deference to legislative policy).

11
State v. Manussiergreen
wash · 1996 · cited in 1 Washington opinions naming this issue, 2025–2025
1 sentence

2025Ed. 2d 1 (1992); see also State v. Manussier, 129 Wn.2d 652, 673 , 921 P.2d 473 (1996) (discussing how the low bar to surviving rational basis scrutiny is rooted in our deference to legislative policy).

11
Ian Pollard v. Lewis M. Frostgreen
ca8 · 2018 · cited in 1 Washington opinions naming this issue, 2024–2024
1 sentence

2024Pollard v. Remington Arms Co., LLC, 896 F.3d 900, 906 (8th Cir. 2018) (“In the end, the low claim submission rate, while not ideal, is not necessarily indicative of a deficient notice plan.”); In re Prudential Ins.

11
Washington Federation of State Employees v. Stategreen
wash · 1995 · cited in 1 Washington opinions naming this issue, 2019–2019
1 sentence

2019Accordingly, chapter 36.65 ROW, which was enacted in its 129~~5 13O~~6 131 See Wash. Fed’n of State Emps., 127 Wn.2d at 576 (Talmadge, J., concurring in part) (an “excessively general” subject could violate the single subject rule where the bill lacks a unifying theme); see also Wash. Toll Bridge Auth., 49 Wn.2d at 524 (explaining the purpose of the single subject rule “is to avoid hodgepodge and ‘logrolling’ legislation”) (quoting Power, 39 Wn.2d at 198 ). 132 Kiga, 144 Wn.2d at 825 . 25 No. 79447-7-1/26 entirety by SSB 4313, is unconstitutional.133 Because we hold SSB 4313 is unconstitutiona

11
City of Burien v. Kigagreen
wash · 2001 · cited in 1 Washington opinions naming this issue, 2019–2019
1 sentence

2019Accordingly, chapter 36.65 ROW, which was enacted in its 129~~5 13O~~6 131 See Wash. Fed’n of State Emps., 127 Wn.2d at 576 (Talmadge, J., concurring in part) (an “excessively general” subject could violate the single subject rule where the bill lacks a unifying theme); see also Wash. Toll Bridge Auth., 49 Wn.2d at 524 (explaining the purpose of the single subject rule “is to avoid hodgepodge and ‘logrolling’ legislation”) (quoting Power, 39 Wn.2d at 198 ). 132 Kiga, 144 Wn.2d at 825 . 25 No. 79447-7-1/26 entirety by SSB 4313, is unconstitutional.133 Because we hold SSB 4313 is unconstitutiona

11
Washington Toll Bridge Authority v. Stategreen
wash · 1956 · cited in 1 Washington opinions naming this issue, 2019–2019
1 sentence

2019Accordingly, chapter 36.65 ROW, which was enacted in its 129~~5 13O~~6 131 See Wash. Fed’n of State Emps., 127 Wn.2d at 576 (Talmadge, J., concurring in part) (an “excessively general” subject could violate the single subject rule where the bill lacks a unifying theme); see also Wash. Toll Bridge Auth., 49 Wn.2d at 524 (explaining the purpose of the single subject rule “is to avoid hodgepodge and ‘logrolling’ legislation”) (quoting Power, 39 Wn.2d at 198 ). 132 Kiga, 144 Wn.2d at 825 . 25 No. 79447-7-1/26 entirety by SSB 4313, is unconstitutional.133 Because we hold SSB 4313 is unconstitutiona

11
Miranda v. Arizonagreen
scotus · 1966 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015In fact, Miranda sets a low bar for invocation of the right: "If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease." Miranda, 384 U.S. at 473-74 (emphasis added).

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 (15)

CaseCitedYears
State v. Darden green
wash · 2002
2 sentences

2021It represents a low bar, such that “[e]ven minimally relevant evidence is admissible.” State v. Darden, 145 Wn.2d 612, 621 , 41 20 No. 37153-1-III State v. Harper P.3d 1189 (2002).

2021Relevance, therefore, represents a low bar and “[e]ven minimally relevant evidence is admissible.” State v. Darden, 145 Wn.2d 612, 621 , 41 P.3d 1189 (2002).

72016–2021
State v. Darden green
wash · 2002
2 sentences

2021Relevance, therefore, represents a low bar and “[e]ven minimally relevant evidence is admissible.” State v. Darden, 145 Wn.2d 612, 621 , 41 P.3d 1189 (2002).

2021It represents a low bar, such that “[e]ven minimally relevant evidence is admissible.” State v. Darden, 145 Wn.2d 612, 621 , 41 P.3d 1189 (2002).

52020–2025
State v. Ellis green
wash · 1998
2 sentences

2018Schierman cites State v. Ellis, 136 Wn.2d 498 , 963 P.2d 843 (1998), arguing that it established a low bar for the admission of"expert testimony on diminished capacity," at least in capital cases.

2018Schierman cites State v. Ellis , 136 Wash.2d 498 , 963 P.2d 843 (1998), arguing that it established a low bar for the admission of "expert testimony on diminished capacity," at least in capital cases.

32015–2018
State v. Ellis green
wash · 1998
2 sentences

2018Schierman cites State v. Ellis, 136 Wn.2d 498 , 963 P.2d 843 (1998), arguing that it established a low bar for the admission of"expert testimony on diminished capacity," at least in capital cases.

2018Schierman cites State v. Ellis , 136 Wash.2d 498 , 963 P.2d 843 (1998), arguing that it established a low bar for the admission of "expert testimony on diminished capacity," at least in capital cases.

32015–2018
Strickland v. Washington green
scotus · 1984
2 sentences

2015Id.

2015Id.

22015–2015
Miller v. Kennedy green
wash · 1978
2 sentences

2015Nothing more must be shown than that the health care provider was engaged in an "'exercise of professional judgment' in treatment or diagnosis." !d. at 14 (quoting Miller III, 91 Wn.2d at 160 ).

2015Nothing more must be shown than that the health care provider was engaged in an “ ‘exercise of professional judgment’ in treatment or diagnosis.” Id. at 808 (quoting Miller III, 91 Wn.2d at 160 ).

22015–2015
Christensen v. Munsen green
wash · 1994
2 sentences

2015Id. 12 Fergen v. Sestero, No. 88819-1 Turning to some of the decisions by the appellate courts, we consistently see a low bar that must be satisfied for the court to hold that a physician made a choice between treatments or diagnoses.

2015Id. ¶23 Turning to some of the decisions by the appellate courts, we consistently see a low bar that must be satisfied for the court to hold that a physician made a choice between treatments or diagnoses.

22015–2015
State v. Jerrell C.J. green
wis · 2005
2 sentences

2008In In re Interest of Jerrell C.J., 2005 WI 105 , 283 Wis. 2d 145 , 699 N.W.2d 110 , a 14-year-old, with a low standard range of intelligence and previous school records showing average to failing grades with a more recent 3.6 grade point average, was handcuffed to a wall and left alone for approximately two hours and then interrogated for five and one-half hours before signing a confession.

2008In In re Interest of Jerrell C.J., 2005 WI 105 , 283 Wis. 2d 145 , 699 N.W.2d 110 , a 14-year-old, with a low standard range of intelligence and previous school records showing average to failing grades with a more recent 3.6 grade point average, was handcuffed to a wall and left alone for approximately two hours and then interrogated for five and one-half hours before signing a confession.

22008–2008
Brokaw v. Town of Stanwood green
wash · 1914
1 sentence

2023The court also set a low bar for proving a road opened, holding that “[t]he public is not, under all circumstances, obliged to take physical possession of public highways whether they have been acquired by dedication or otherwise, in order to preserve its rights therein.” Id. at 326 .

12023–2023
State v. DeVincentis green
wash · 2003
1 sentence

2021Under ER 403, relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.” In cases involving sexual crimes, factors that may be considered in balancing include “the need for the evidence, the secrecy surrounding sex abuse offenses,” the vulnerability and age of the victim, as well as the lack of physical proof and the “‘degree of public opprobrium associated with the accusation.’” State v. DeVincentis, 150 Wn.2d 11, 23 , 74 P.3d 119 (2003) (quoting Report of Proceedings at 130). 7 No. 53269-7-II We review the trial court's decision

12021–2021
State v. DeVincentis green
wash · 2003
1 sentence

2021Under ER 403, relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.” In cases involving sexual crimes, factors that may be considered in balancing include “the need for the evidence, the secrecy surrounding sex abuse offenses,” the vulnerability and age of the victim, as well as the lack of physical proof and the “‘degree of public opprobrium associated with the accusation.’” State v. DeVincentis, 150 Wn.2d 11, 23 , 74 P.3d 119 (2003) (quoting Report of Proceedings at 130). 7 No. 53269-7-II We review the trial court's decision

12021–2021
State v. Brousseau green
wash · 2011
1 sentence

2020RCW 5.60.020; State v. Brousseau, 172 Wn.2d 331, 347 , 259 P.3d 209 (2011).

12020–2020
State v. Brousseau green
wash · 2011
1 sentence

2020RCW 5.60.020; State v. Brousseau, 172 Wn.2d 331, 347 , 259 P.3d 209 (2011).

12020–2020
Roediger v. Cullen green
wash · 1946
1 sentence

2020There is a low bar for finding a reasonable inference of neighborly sufferance or acquiescence, such as “‘persons travel[ing] the private road of a neighbor in conjunction with such neighbor and other persons, nothi[n]g further appearing.’” Roediger, 26 Wn.2d at 711 (quoting 2 GEORGE W.

12020–2020
Personal Restraint Petition Of Matthew Ray Douglas Schley green
washctapp · 2017
2 sentences

2018As the Court of Appeals noted, "Schley's DOSA was functionally revoked once he was found guilty of fighting by 'some evidence' at the infraction hearing." Schley, 197 Wash. App. at 868 , 392 P.3d 1099 .

2018As the Court of Appeals noted, "Schley's DOSA was functionally revoked once he was found guilty of fighting by 'some evidence' at the infraction hearing." Schley, 197 Wash. App. at 868 , 392 P.3d 1099 .

12018–2018

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (9) WA § Wash. Rev. Code § 9.94A.030 (4) WA § Wash. Rev. Code § 10.95.020 (3) WA § Wash. Rev. Code § 10.95.030 (3) WA § Wash. Rev. Code § 9.94A.525 (3) WA § Wash. Rev. Code § 9A.32.030 (3) WA § Wash. Rev. Code § 9A.36.011 (3) WA § Wash. Rev. Code § 9A.36.021 (3)

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

IL 45 (1987–2026) CA 39 (2002–2026) WI 37 (2012–2026) UT 36 (2008–2026) WA 27 (2008–2026) TX 23 (2014–2026) IN 19 (1991–2023) ME 19 (2006–2024) OR 16 (2009–2026) KY 15 (2007–2026) CO 14 (2007–2026) MD 13 (2012–2026) NC 12 (2005–2025) OH 12 (1916–2026) DE 11 (2015–2026) NY 11 (2014–2026) MA 9 (1983–2025) PA 8 (2010–2025) AZ 8 (1989–2025) IA 7 (1995–2025) CT 7 (1994–2026) GA 7 (1951–2026) MO 6 (2004–2022) MI 5 (2016–2022) SC 5 (2019–2026) VA 4 (1990–2023) LA 4 (1986–2018) NJ 4 (2014–2026) KS 3 (1993–2024) RI 3 (1998–2010) DC 3 (2021–2025) ID 2 (2022–2022) MT 2 (2009–2019) NV 2 (2020–2021) GU 2 (2023–2023) NM 2 (2001–2019) FL 2 (2012–2014) AR 2 (2025–2025)

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