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25 Washington opinions name it 2 courts 1991–2021 1 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 |
|---|---|---|
State v. Ortizgreen2 sentences1999See State v. Ortiz, 119 Wn.2d 294, 302 , 831 P.2d 1060 (1992) (noting the six Gunwall factors must be addressed before we will undertake state constitutional analysis); Thorne, 129 Wn.2d at 770 (declining to consider application of state constitution where defendant failed to engage in Gunwall analysis). 1999See State v. Ortiz, 119 Wn.2d 294, 302 , 831 P.2d 1060 (1992) (noting the six Gunwall factors must be addressed before we will undertake state constitutional analysis); Thorne, 129 Wn.2d at 770 (declining to consider application of state constitution where defendant failed to engage in Gunwall analysis). | 2 | 2 |
State v. Gunwallgreen2 sentences2018See Gunwall, 106 Wash.2d at 67 , 720 P.2d 808 (explaining that the discussion of the fourth factor may pertain to the sixth factor). ¶ 25 The six Gunwall factors all direct us toward interpreting article I, section 14 more broadly than the Eighth Amendment. 2018See Gunwall, 106 Wash.2d at 67 , 720 P.2d 808 (explaining that the discussion of the fourth factor may pertain to the sixth factor). ¶ 25 The six Gunwall factors all direct us toward interpreting article I, section 14 more broadly than the Eighth Amendment. | 1 | 11 |
Ramm v. City of Seattlegreen2 sentences2000This argument was rejected in Ramm v. City of Seattle, 66 Wash.App. 15, 23-27 , 830 P.2d 395 , review denied, 120 Wash.2d 1018 , 844 P.2d 437 (1992), wherein the Court of Appeals held: Our examination of the six Gunwall factors persuades us that, on matters not involving search and seizure, Const. art. 1, § 7 affords no greater protection than the minimum protection afforded by the federal constitutional analysis. 2000This argument was rejected in Ramm v. City of Seattle, 66 Wash.App. 15, 23-27 , 830 P.2d 395 , review denied, 120 Wash.2d 1018 , 844 P.2d 437 (1992), wherein the Court of Appeals held: Our examination of the six Gunwall factors persuades us that, on matters not involving search and seizure, Const. art. 1, § 7 affords no greater protection than the minimum protection afforded by the federal constitutional analysis. | 1 | 2 |
State v. Thornegreen2 sentences1999See State v. Ortiz, 119 Wn.2d 294, 302 , 831 P.2d 1060 (1992) (noting the six Gunwall factors must be addressed before we will undertake state constitutional analysis); Thorne, 129 Wn.2d at 770 (declining to consider application of state constitution where defendant failed to engage in Gunwall analysis). 1999See State v. Ortiz, 119 Wash.2d 294, 302 , 831 P.2d 1060 (1992) (noting the six Gunwall factors must be addressed before we will undertake state constitutional analysis); Thorne, 129 Wash.2d at 770 , 921 P.2d 514 (declining to consider application of state constitution where defendant failed to engage in Gunwall analysis). [13] Although Gronquist asserted errors at the 657 hearing regarding two of the prior general infraction determinations, he admitted he had indeed been found guilty of the four general infractions within the necessary six-month period. 3-31-97 Hearing Transcript at 5-6. [1] | 1 | 2 |
State v. Wetheredgreen2 sentences1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent 1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent | 1 | 2 |
Ford Motor Co. v. Barrettgreen2 sentences1992See Ford Motor Co. v. Barrett, 115 Wn.2d 556, 568 , 800 P.2d 367 (1990). 1992See Ford Motor Co. v. Barrett, 115 Wn.2d 556, 568 , 800 P.2d 367 (1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Boland
green
2 sentences2007The six Gunwall factors parallel interpretive inquiries made when determining “whether the state constitution ultimately provides greater protection than its corresponding federal provision.” Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wn.2d 571, 575 , 800 P.2d 1112 (1990)). ¶17 This court previously determined that the privileges and immunities clause of the Washington Constitution “requires an independent constitutional analysis from the equal protection clause of the United States Constitution.” Grant County Fire P 2007The six Gunwall factors parallel interpretive inquiries made when determining “whether the state constitution ultimately provides greater protection than its corresponding federal provision.” Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wn.2d 571, 575 , 800 P.2d 1112 (1990)). ¶17 This court previously determined that the privileges and immunities clause of the Washington Constitution “requires an independent constitutional analysis from the equal protection clause of the United States Constitution.” Grant County Fire P | 4 | 1994–2007 |
State v. Spurgeon
green
2 sentences2015The six Gunwall factors are: (1) the state provision's textual language; (2) significant differences between the federal and state texts; (3) state constitutional and common law history; (4) existing state law; (5) structural differences between the federal and state constitutions; and (6) matters of particular state interest or local concern. 106 Wn.2d at 61-62 . "[These factors] are to be used in evaluating a specific claim and not all ofthem will be relevant to every case." State v. Sourgeon. 63 Wn. 2015App. 503, 505 , 820 P.2d 960 (1991).12 The first and second factors weigh against an independent interpretation under the Washington Constitution. | 3 | 2008–2015 |
Ino Ino, Inc. v. City of Bellevue
green
2 sentences2007The six Gunwall factors parallel interpretive inquiries made when determining “whether the state constitution ultimately provides greater protection than its corresponding federal provision.” Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wn.2d 571, 575 , 800 P.2d 1112 (1990)). ¶17 This court previously determined that the privileges and immunities clause of the Washington Constitution “requires an independent constitutional analysis from the equal protection clause of the United States Constitution.” Grant County Fire P 2007The six Gunwall factors parallel interpretive inquiries made when determining "whether the state constitution ultimately provides greater protection than its corresponding federal provision." Ino Ino, Inc. v. City of Bellevue, 132 Wash.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wash.2d 571, 575 , 800 P.2d 1112 (1990)). ¶ 13 This court previously determined that the privileges and immunities clause of the Washington Constitution "requires an independent constitutional analysis from the equal protection clause of the United States Constitution." [6] Grant Coun | 2 | 2007–2007 |
Srcc v. Public Disclosure Com'n
green
2 sentences2007The six Gunwall factors parallel interpretive inquiries made when determining “whether the state constitution ultimately provides greater protection than its corresponding federal provision.” Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wn.2d 571, 575 , 800 P.2d 1112 (1990)). ¶17 This court previously determined that the privileges and immunities clause of the Washington Constitution “requires an independent constitutional analysis from the equal protection clause of the United States Constitution.” Grant County Fire P 2007The six Gunwall factors parallel interpretive inquiries made when determining "whether the state constitution ultimately provides greater protection than its corresponding federal provision." Ino Ino, Inc. v. City of Bellevue, 132 Wash.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wash.2d 571, 575 , 800 P.2d 1112 (1990)). ¶ 13 This court previously determined that the privileges and immunities clause of the Washington Constitution "requires an independent constitutional analysis from the equal protection clause of the United States Constitution." [6] Grant Coun | 2 | 2007–2007 |
Ino Ino, Inc. v. City of Bellevue
green
2 sentences2007The six Gunwall factors parallel interpretive inquiries made when determining “whether the state constitution ultimately provides greater protection than its corresponding federal provision.” Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wn.2d 571, 575 , 800 P.2d 1112 (1990)). ¶17 This court previously determined that the privileges and immunities clause of the Washington Constitution “requires an independent constitutional analysis from the equal protection clause of the United States Constitution.” Grant County Fire P 2007The six Gunwall factors parallel interpretive inquiries made when determining "whether the state constitution ultimately provides greater protection than its corresponding federal provision." Ino Ino, Inc. v. City of Bellevue, 132 Wash.2d 103, 115 , 937 P.2d 154 , 943 P.2d 1358 (1997) (citing State v. Boland, 115 Wash.2d 571, 575 , 800 P.2d 1112 (1990)). ¶ 13 This court previously determined that the privileges and immunities clause of the Washington Constitution "requires an independent constitutional analysis from the equal protection clause of the United States Constitution." [6] Grant Coun | 2 | 2007–2007 |
State v. Richman
green
2 sentences2000Richman, 85 Wn. 2000Richman, 85 Wash.App. at 573-74 , 933 P.2d 1088 . | 2 | 2000–2000 |
State v. Boiko
green
1 sentence2021State v. Gunwall, 106 Wn.2d 54, 61-62 , 720 P.2d 808 (1986). 1 State v. Gunwall, 106 Wn.2d 54, 61-62 , 720 P.2d 808 (1986). 8 53921-7-II Article I, section 21 of the Washington State Constitution states that “the right of trial by jury shall remain inviolate.” Article I, section 22 states in relevant part, “In criminal prosecutions the accused shall have the right . . . to have a speedy public trial by an impartial jury of the county in which the offense is charged to have been committed.” Such right “requires a trial by an unbiased and unprejudiced jury, free of disqualifying jury misconduct. | 1 | 2021–2021 |
Department of Social & Health Services v. Luak
green
2 sentences2018In re Dependency of M.S.R., 174 Wash.2d 1 , 15-16, 271 P.3d 234 (2012). 2018In re Dependency of M.S.R., 174 Wash.2d 1 , 15-16, 271 P.3d 234 (2012). | 1 | 2018–2018 |
State v. Benitez
green
1 sentence2014The Trebilcocks' argument is inconsistent with our decision in State v. Benitez, 175 Wn. | 1 | 2014–2014 |
State v. Thorne
green
1 sentence1999See State v. Ortiz, 119 Wash.2d 294, 302 , 831 P.2d 1060 (1992) (noting the six Gunwall factors must be addressed before we will undertake state constitutional analysis); Thorne, 129 Wash.2d at 770 , 921 P.2d 514 (declining to consider application of state constitution where defendant failed to engage in Gunwall analysis). [13] Although Gronquist asserted errors at the 657 hearing regarding two of the prior general infraction determinations, he admitted he had indeed been found guilty of the four general infractions within the necessary six-month period. 3-31-97 Hearing Transcript at 5-6. [1] | 1 | 1999–1999 |
State v. Stroud
red
2 sentences1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent 1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent | 1 | 1996–1996 |
State v. Maxfield
green
2 sentences1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent 1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent | 1 | 1996–1996 |
State v. Coe
green
2 sentences1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent 1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent | 1 | 1996–1996 |
State v. Young
green
2 sentences1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent 1996He then states "If this court decides that the search of the sleeping compartment did not violate Mr. Johnson's Fourth Amendment rights, then it needs to decide whether the Washington Constitution offers more protection...." Br. of Appellant at 16. [45] State v. Coe, 101 Wash.2d 364, 373-74 , 679 P.2d 353 (1984); State v. Young, 123 Wash.2d 173, 178-79 , 867 P.2d 593 (1994). [46] 115 Wash.2d 571 , 800 P.2d 1112 (1990). [47] State v. Gunwall, 106 Wash.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). [48] Br. of Appellant at 16-25. [49] 106 Wash.2d 144, 152 , 720 P.2d 436 (1986). [50] Respondent | 1 | 1996–1996 |
State v. Cisneros
green
1 sentence1992Gun-wall, at 61-62. 4 "The State of Washington has a long history of extending strong protections to telephonic and other electronic communications." Gunwall, at 66. 5 58 Wn.2d 171 , 361 P.2d 739 (1961). 6 See RCW 9.73.030. 7 Jennen , at 174. 8 For example, RCW 9.73.030(1), enacted in 1967, provides, in part: "Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any: "(a) Private communication transmitted by telephone ... without | 1 | 1992–1992 |
United States v. White
green
1 sentence1992Ed. 2d 453 , 91 S. Ct. 1122 (1971). 2 106 Wn.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). 3 The six Gunwall factors are: (1) textual language, (2) differences in the text, (3) state constitutional and common law history, (4) preexisting state law, (5) structural differences, and (6) matters of particular state or local concern. | 1 | 1992–1992 |
State v. Jennen
green
2 sentences1992Gun-wall, at 61-62. 4 "The State of Washington has a long history of extending strong protections to telephonic and other electronic communications." Gunwall, at 66. 5 58 Wn.2d 171 , 361 P.2d 739 (1961). 6 See RCW 9.73.030. 7 Jennen , at 174. 8 For example, RCW 9.73.030(1), enacted in 1967, provides, in part: "Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any: "(a) Private communication transmitted by telephone ... without 1992Gun-wall, at 61-62. 4 "The State of Washington has a long history of extending strong protections to telephonic and other electronic communications." Gunwall, at 66. 5 58 Wn.2d 171 , 361 P.2d 739 (1961). 6 See RCW 9.73.030. 7 Jennen , at 174. 8 For example, RCW 9.73.030(1), enacted in 1967, provides, in part: "Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any: "(a) Private communication transmitted by telephone ... without | 1 | 1992–1992 |
Rozner v. City of Bellevue
green
1 sentence1991App. 567 , 648 P.2d 481 , review denied, 98 Wn.2d 1008 (1982). 6 106 Wn.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). 7 See, for example, Rozner, 116 Wn.2d at 352 , where our Supreme Court stated: "plaintiff fails to provide any specific discussion of the six Gunwall factors relied on by this court to determine whether the state constitution should be construed to grant broader rights than the federal constitution. | 1 | 1991–1991 |
Crape v. Mount
green
1 sentence1991App. 567 , 648 P.2d 481 , review denied, 98 Wn.2d 1008 (1982). 6 106 Wn.2d 54 , 720 P.2d 808 , 76 A.L.R.4th 517 (1986). 7 See, for example, Rozner, 116 Wn.2d at 352 , where our Supreme Court stated: "plaintiff fails to provide any specific discussion of the six Gunwall factors relied on by this court to determine whether the state constitution should be construed to grant broader rights than the federal constitution. | 1 | 1991–1991 |
State v. Gwinner
green
1 sentence1991In the past, the failure to present such a briefing has led this court to decline consideration of the issue." 8 59 Wn. | 1 | 1991–1991 |
California v. Trombetta
green
2 sentences1991The six Gunwall factors are: (1) the text of the state provision; (2) differences in the texts of the federal and state provisions; (3) state constitutional history; (4) preexisting state law; (5) structural differences between the federal and state constitutions; (6) whether it is a matter of particular state or local concern. 5 As stated in Gunwall, at 62-63: "Thus, the foregoing six criteria are aimed at: (1) suggesting to counsel where briefing might appropriately be directed in cases wherein they are urging *506 independent state constitutional grounds; and (2) helping to insure that if t 1991The six Gunwall factors are: (1) the text of the state provision; (2) differences in the texts of the federal and state provisions; (3) state constitutional history; (4) preexisting state law; (5) structural differences between the federal and state constitutions; (6) whether it is a matter of particular state or local concern. 5 As stated in Gunwall, at 62-63: "Thus, the foregoing six criteria are aimed at: (1) suggesting to counsel where briefing might appropriately be directed in cases wherein they are urging *506 independent state constitutional grounds; and (2) helping to insure that if t | 1 | 1991–1991 |
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.