state constitutional analysis (Washington) · Go Syfert
← Washington issues

state constitutional analysis in Washington

153 Washington opinions name it 3 courts 1980–2026 7 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
State v. Gunwallgreen
wash · 1986 · cited in 43 Washington opinions naming this issue, 1991–2021
2 sentences

2020And as noted by the State, Abbott does not argue for a separate state constitutional standard under State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986).

2020And as noted by the State, Abbott does not argue for a separate state constitutional standard under State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986).

743
State v. Browngreen
wash · 1997 · cited in 5 Washington opinions naming this issue, 2008–2020
2 sentences

2008See State v. Brown, 132 Wn.2d 529, 594-95 , 940 P.2d 546 (1997) (“This Court will address a state constitutional claim only if the claimant sufficiently briefs the Gunwall factors.” (citing State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986))).

2008See State v. Brown, 132 Wn.2d 529, 594-95 , 940 P.2d 546 (1997) (“This Court will address a state constitutional claim only if the claimant sufficiently briefs the Gunwall factors.” (citing State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986))).

55
State v. Browngreen
wash · 1997 · cited in 5 Washington opinions naming this issue, 2008–2020
2 sentences

2008See State v. Brown, 132 Wn.2d 529, 594-95 , 940 P.2d 546 (1997) (“This Court will address a state constitutional claim only if the claimant sufficiently briefs the Gunwall factors.” (citing State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986))).

2008See State v. Brown, 132 Wn.2d 529, 594-95 , 940 P.2d 546 (1997) (“This Court will address a state constitutional claim only if the claimant sufficiently briefs the Gunwall factors.” (citing State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986))).

55
State v. Whitegreen
wash · 1998 · cited in 4 Washington opinions naming this issue, 2004–2004
2 sentences

2004See State v. White, 135 Wn.2d 761, 769 , 958 P.2d 982 (1998).

2004See State v. White, 135 Wn.2d 761, 769 , 958 P.2d 982 (1998).

44
State v. Whitegreen
wash · 1998 · cited in 4 Washington opinions naming this issue, 2004–2004
2 sentences

2004See State v. White, 135 Wn.2d 761, 769 , 958 P.2d 982 (1998).

2004See State v. White, 135 Wn.2d 761, 769 , 958 P.2d 982 (1998).

44
State v. Jacksongreen
wash · 2003 · cited in 12 Washington opinions naming this issue, 2007–2011
2 sentences

2007Accordingly, a Gunwall 2 analysis is unnecessary to establish that this court should undertake an independent state constitutional analysis. 3 State v. Jackson, 150 Wn.2d 251, 259 , 76 P.3d 217 (2003); McKinney, 148 Wn.2d at 26 . ¶13 The only relevant question is whether article I, section 7 affords enhanced protection in the particular context.

2007Accordingly, a Gunwall 3 analysis is unnecessary to establish that this court should undertake an independent state constitutional analysis. 4 State v. Jackson, 150 Wn.2d 251, 259 , 76 P.3d 217 (2003); McKinney, 148 Wn.2d at 26 .

312
State v. Furmangreen
wash · 1993 · cited in 3 Washington opinions naming this issue, 1997–1997
33
State v. McKinneygreen
wash · 2002 · cited in 14 Washington opinions naming this issue, 2006–2019
2 sentences

2019We therefore take this opportunity to reaffirm that no Gunwall analysis is required to justify an independent state constitutional analysis of article I, section 7 in new contexts. 3 Courts and parties may assume an independent state analysis is justified and move directly to the merits of the article I, section 7 claim presented. ¶ 16 "It is well established that article I, section 7 qualitatively differs from the Fourth Amendment and in some areas provides greater protections than does the federal constitution." State v. Chenoweth, 160 Wash.2d 454 , 462, 158 P.3d 595 (2007) (citing State v.

2018“Accordingly, a Gunwall analysis is unnecessary to establish that this court should undertake an independent state constitutional analysis.” Athan, 160 Wn.2d at 365 (footnote omitted); see also State v. McKinney, 148 Wn.2d 20, 26 , 60 P.3d 46 (2002) (same); State v. Chenoweth, 160 Wn.2d 454, 463 , 158 P.3d 595 (2007) (same).

214
State v. Jacksongreen
wash · 2003 · cited in 12 Washington opinions naming this issue, 2007–2011
2 sentences

2007Accordingly, a Gunwall 2 analysis is unnecessary to establish that this court should undertake an independent state constitutional analysis. 3 State v. Jackson, 150 Wn.2d 251, 259 , 76 P.3d 217 (2003); McKinney, 148 Wn.2d at 26 . ¶13 The only relevant question is whether article I, section 7 affords enhanced protection in the particular context.

2007Accordingly, a Gunwall 3 analysis is unnecessary to establish that this court should undertake an independent state constitutional analysis. 4 State v. Jackson, 150 Wn.2d 251, 259 , 76 P.3d 217 (2003); McKinney, 148 Wn.2d at 26 .

212
Ino Ino, Inc. v. City of Bellevuegreen
wash · 1997 · cited in 7 Washington opinions naming this issue, 2005–2012
2 sentences

2012A. Freedom of Speech and Privacy ¶44 Article I, section 5 of the Washington State Constitution guarantees that “[e]very person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.” Although article I, section 5 generally “provides broader free speech protection than the first amendment to the United States Constitution,” JJR Inc. v. City of Seattle, 126 Wn.2d 1 , 8 n.6, 891 P.2d 720 (1995), “the inquiry must focus on the specific context in which the state constitutional challenge is raised,” and “it does not follow that greater protection is prov

2009See Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103 , 937 P.2d 154 , 943 P.2d 1358 (1997). ¶38 Returning to the state constitutional analysis, I necessarily repair to the text itself.

27
Ino Ino, Inc. v. City of Bellevuegreen
wash · 1997 · cited in 6 Washington opinions naming this issue, 2005–2012
2 sentences

2012A. Freedom of Speech and Privacy ¶44 Article I, section 5 of the Washington State Constitution guarantees that “[e]very person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.” Although article I, section 5 generally “provides broader free speech protection than the first amendment to the United States Constitution,” JJR Inc. v. City of Seattle, 126 Wn.2d 1 , 8 n.6, 891 P.2d 720 (1995), “the inquiry must focus on the specific context in which the state constitutional challenge is raised,” and “it does not follow that greater protection is prov

2009See Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103 , 937 P.2d 154 , 943 P.2d 1358 (1997). ¶38 Returning to the state constitutional analysis, I necessarily repair to the text itself.

26
State v. Fostergreen
wash · 1998 · cited in 5 Washington opinions naming this issue, 2007–2017
2 sentences

2017Because there is no significant difference between the language used in the parallel provisions of the state and federal due process clauses, these factors do not support an independent state constitutional analysis.12 State v. Foster, 135 Wn.2d 441, 459 , 957 P.2d 712 (1998). 12 SK-P’s argument that despite the identical language, our state constitution should be interpreted independently unless historical evidence shows the framers intended otherwise, is based on a dissent from State v. Ortiz, 119 Wn.2d 294, 315-19 , 831 P.2d 1060 (1992) (Johnson, J., dissenting), which is unpersuasive. 11 N

2011Moreover, we note that in Brooks v. Tennessee, 406 U.S. 605, 612-13 , 92 S.Ct. 1891 , 32 L.Ed.2d 358 (1972), the United States Supreme Court held it was unconstitutional to require defendants to testify prior to hearing other evidence. [6] Although Martin does not address the fifth Gunwall factor, we have held that it supports an independent state constitutional analysis in every case and have consistently stated that our "consideration of this factor is always the same; that is that the United States Constitution is a grant of limited power to the federal government, while the state constitut

25
Barnett v. Hicksgreen
wash · 1992 · cited in 4 Washington opinions naming this issue, 2004–2015
2 sentences

2004See Barnett v. Hicks, 119 Wn.2d 151, 159 , 829 P.2d 1087 (1992) (noting that confidential proceedings in arbitrations are an exception to the state constitutional requirement that judicial proceedings be public).

2004See Barnett v. Hicks, 119 Wn.2d 151, 159 , 829 P.2d 1087 (1992) (noting that confidential proceedings in arbitrations are an exception to the state constitutional requirement that judicial proceedings be public).

24
State v. O'Neillgreen
wash · 2003 · cited in 3 Washington opinions naming this issue, 2004–2020
2 sentences

2020State v. O’Neill, 148 Wn.2d 564, 582 , 62 P.3d 489 (2003); see also Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 538 , 936 P.2d 1123 (1997) (failure to conduct a Gunwall 8 analysis or show why the state constitutional provision should be interpreted differently than the federal results in court interpreting the state constitutional clause coextensively with its parallel federal counterpart); Justice Charles W.

2004See State v. O’Neill, 148 Wn.2d 564, 582 , 62 P.3d 489 (2003) (applying federal constitutional “plain view” analysis where the issue was whether an unlawful search of an automobile had occurred and no argument was made that the state constitutional analysis differs from the federal analysis).

23
State v. O'NEILLgreen
wash · 2003 · cited in 3 Washington opinions naming this issue, 2004–2020
2 sentences

2020State v. O’Neill, 148 Wn.2d 564, 582 , 62 P.3d 489 (2003); see also Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 538 , 936 P.2d 1123 (1997) (failure to conduct a Gunwall 8 analysis or show why the state constitutional provision should be interpreted differently than the federal results in court interpreting the state constitutional clause coextensively with its parallel federal counterpart); Justice Charles W.

2004See State v. O’Neill, 148 Wn.2d 564, 582 , 62 P.3d 489 (2003) (applying federal constitutional “plain view” analysis where the issue was whether an unlawful search of an automobile had occurred and no argument was made that the state constitutional analysis differs from the federal analysis).

23
Srcc v. Public Disclosure Com'ngreen
wash · 1997 · cited in 3 Washington opinions naming this issue, 2009–2010
23
State v. Williams-Walkergreen
wash · 2010 · cited in 2 Washington opinions naming this issue, 2016–2017
22
Wenceslao Fernández v. Registrar of Property of San Juangreen
prsupreme · 1932 · cited in 2 Washington opinions naming this issue, 2010–2010
22
State v. Ruttengreen
wash · 1895 · cited in 2 Washington opinions naming this issue, 2010–2010
22
State v. Bartholomewgreen
wash · 1984 · cited in 2 Washington opinions naming this issue, 2007–2007
22
Andersen v. King Countygreen
wash · 2006 · cited in 2 Washington opinions naming this issue, 2007–2007
22
City of Spokane v. Douglassgreen
wash · 1990 · cited in 2 Washington opinions naming this issue, 1998–2001
22
State v. Younggreen
· 1994 · cited in 11 Washington opinions naming this issue, 1994–2021
2 sentences

2021Accordingly, this factor “will always point toward pursuing an independent state constitutional analysis.” Young, 123 Wn.2d at 180 (citing State v. Smith, 117 Wn.2d 263, 286 , 814 P.2d 652 (1991) (Utter, J., concurring)).

2020The fifth Gunwall factor “will always point toward pursuing an independent state constitutional analysis because the federal constitution is a grant of power from the states, while the state constitution represents a limitation of the State’s power.” State v. Young, 123 Wn.2d 173, 180 , 867 P.2d 593 (1994).

111
State v. McKinneygreen
wash · 2006 · cited in 10 Washington opinions naming this issue, 2006–2019
2 sentences

2019We therefore take this opportunity to reaffirm that no Gunwall analysis is required to justify an independent state constitutional analysis of article I, section 7 in new contexts. 3 Courts and parties may assume an independent state analysis is justified and move directly to the merits of the article I, section 7 claim presented. ¶ 16 "It is well established that article I, section 7 qualitatively differs from the Fourth Amendment and in some areas provides greater protections than does the federal constitution." State v. Chenoweth, 160 Wash.2d 454 , 462, 158 P.3d 595 (2007) (citing State v.

2018“Accordingly, a Gunwall analysis is unnecessary to establish that this court should undertake an independent state constitutional analysis.” Athan, 160 Wn.2d at 365 (footnote omitted); see also State v. McKinney, 148 Wn.2d 20, 26 , 60 P.3d 46 (2002) (same); State v. Chenoweth, 160 Wn.2d 454, 463 , 158 P.3d 595 (2007) (same).

110
Malyon v. Pierce Countygreen
wash · 1997 · cited in 5 Washington opinions naming this issue, 2002–2017
2 sentences

2017However, later opinions moved away from the treatment of Gunwall as a high bar over which parties advocating state constitutional issues must overcome and toward using Gunwall as an interpretive tool to assure more thoughtful development of state constitutional jurisprudence. 17 No. 48299-1-II that the state constitution should be interpreted independently from the federal constitution in this context, the next inquiry is “‘what the state’s guarantee means and how it applies to the case at hand.’” Malyon, 131 Wn.2d at 798 n.30 (quoting The State and Federal Religion Clauses: Differences of Deg

2009In another case arising under Washington Constitution article I, section 11, we held, “Appropriate constitutional analysis begins with the text and, for most purposes, should end there as well.” Malyon v. Pierce County, 131 Wn.2d 779, 799 , 935 P.2d 1272 (1997).

15
Nelson v. McClatchy Newpapers, Inc.green
wash · 1997 · cited in 3 Washington opinions naming this issue, 2006–2020
2 sentences

2020State v. O’Neill, 148 Wn.2d 564, 582 , 62 P.3d 489 (2003); see also Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 538 , 936 P.2d 1123 (1997) (failure to conduct a Gunwall 8 analysis or show why the state constitutional provision should be interpreted differently than the federal results in court interpreting the state constitutional clause coextensively with its parallel federal counterpart); Justice Charles W.

2006Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 538 , 936 P.2d 1123 (1997).

13
Nelson v. McClatchy Newspapersgreen
wash · 1997 · cited in 3 Washington opinions naming this issue, 2006–2020
2 sentences

2020State v. O’Neill, 148 Wn.2d 564, 582 , 62 P.3d 489 (2003); see also Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 538 , 936 P.2d 1123 (1997) (failure to conduct a Gunwall 8 analysis or show why the state constitutional provision should be interpreted differently than the federal results in court interpreting the state constitutional clause coextensively with its parallel federal counterpart); Justice Charles W.

2006Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 538 , 936 P.2d 1123 (1997).

13
State v. Fostergreen
wash · 1998 · cited in 3 Washington opinions naming this issue, 2007–2017
2 sentences

2017Because there is no significant difference between the language used in the parallel provisions of the state and federal due process clauses, these factors do not support an independent state constitutional analysis.12 State v. Foster, 135 Wn.2d 441, 459 , 957 P.2d 712 (1998). 12 SK-P’s argument that despite the identical language, our state constitution should be interpreted independently unless historical evidence shows the framers intended otherwise, is based on a dissent from State v. Ortiz, 119 Wn.2d 294, 315-19 , 831 P.2d 1060 (1992) (Johnson, J., dissenting), which is unpersuasive. 11 N

2011Moreover, we note that in Brooks v. Tennessee, 406 U.S. 605, 612-13 , 92 S.Ct. 1891 , 32 L.Ed.2d 358 (1972), the United States Supreme Court held it was unconstitutional to require defendants to testify prior to hearing other evidence. [6] Although Martin does not address the fifth Gunwall factor, we have held that it supports an independent state constitutional analysis in every case and have consistently stated that our "consideration of this factor is always the same; that is that the United States Constitution is a grant of limited power to the federal government, while the state constitut

13
State v. Hendricksongreen
wash · 1996 · cited in 3 Washington opinions naming this issue, 1996–2007
13
State v. Hendricksongreen
wash · 1996 · cited in 3 Washington opinions naming this issue, 1996–2007
13
City of Seattle v. Huffgreen
wash · 1989 · cited in 3 Washington opinions naming this issue, 2004–2006
13
State v. Chenowethgreen
wash · 2007 · cited in 2 Washington opinions naming this issue, 2018–2019
12
State v. Simpsongreen
wash · 1980 · cited in 2 Washington opinions naming this issue, 1982–1993
12

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. Gocken green
wash · 1995
2 sentences

2017For example, the lead opinion in State v. Gocken, 127 Wn.2d 95, 102-05 , 896 P.2d 1267 (1995), assumed that federal jurisprudence is the starting point and used Gunwall as a tool to determine whether the state constitution provides greater protection compelling “access” to a state constitutional analysis.

2017For example, the lead opinion in State v. Gocken, 127 Wn.2d 95, 102-05 , 896 P.2d 1267 (1995), assumed that federal jurisprudence is the starting point and used Gunwall as a tool to determine whether the state constitution provides greater protection compelling “access” to a state constitutional analysis.

62003–2017
State v. Reichenbach green
wash · 2004
2 sentences

2009Id. ¶15 A strict rule that courts will not consider state constitutional claims without a complete Gunwall analysis could return briefing into an antiquated writ system where parties may lose their constitutional rights by failing to incant correctly.

2007App. 297, 311 , 62 P.3d 533 (2003) (stating that “just because a state constitutional provision has been subject to independent interpretation and found to be more protective in a particular context, it does not follow that greater protection is provided in all contexts”), cert. denied, 541 U.S. 1087 (2004); State v. Reichenbach, 153 Wn.2d 126 , 131 n.1, 101 P.3d 80 (2004) (cautioning that “if there has been no prior determination of an appropriate independent state constitutional analysis in a particular context, and no argument is made that a different analysis applies under the state consti

52007–2009
State v. Smith green
wash · 1991
2 sentences

2021Accordingly, this factor “will always point toward pursuing an independent state constitutional analysis.” Young, 123 Wn.2d at 180 (citing State v. Smith, 117 Wn.2d 263, 286 , 814 P.2d 652 (1991) (Utter, J., concurring)).

2021Accordingly, this factor “will always point toward pursuing an independent state constitutional analysis.” Young, 123 Wn.2d at 180 (citing State v. Smith, 117 Wn.2d 263, 286 , 814 P.2d 652 (1991) (Utter, J., concurring)).

41995–2021
In Re the Welfare of Luscier green
wash · 1974
2 sentences

2018The continued viability of the state constitutional analysis of In re Welfare of Myricks, 85 Wash.2d 252 , 255, 533 P.2d 841 (1975) and In re Welfare of Luscier, 84 Wash.2d 135 , 138, 524 P.2d 906 (1974) is not presented in this case, nor is it questioned by this opinion.

2018The continued viability of the state constitutional analysis of In re Welfare of Myricks, 85 Wash.2d 252 , 255, 533 P.2d 841 (1975) and In re Welfare of Luscier, 84 Wash.2d 135 , 138, 524 P.2d 906 (1974) is not presented in this case, nor is it questioned by this opinion.

42007–2018
State v. Pillatos green
wash · 2007
2 sentences

2017State v. Pillatos, 159 Wn.2d 459 , 475 n.7, 150 P.3d 1130 (2007).

2017State v. Pillatos, 159 Wn.2d 459 , 475 n.7, 150 P.3d 1130 (2007). 13 Emphasis omitted. 14 Italics omitted. 20 No. 73008-8-1 (Consol. with No. 73090-8-1)/21 A legislative act that applies "in such a way as to inflict punishment" on an individual or group "without judicial trial" violates the prohibition against bills of attainder.

42012–2017
State v. Pillatos green
wash · 2007
2 sentences

2017State v. Pillatos, 159 Wn.2d 459 , 475 n.7, 150 P.3d 1130 (2007).

2017State v. Pillatos, 159 Wn.2d 459 , 475 n.7, 150 P.3d 1130 (2007). 13 Emphasis omitted. 14 Italics omitted. 20 No. 73008-8-1 (Consol. with No. 73090-8-1)/21 A legislative act that applies "in such a way as to inflict punishment" on an individual or group "without judicial trial" violates the prohibition against bills of attainder.

42012–2017
State v. Ladson green
wash · 1999
2 sentences

2010Accordingly, I continue on to determine whether such an error is subject to a harmless error analysis under state law. ¶ 47 "Once this court has determined that a particular provision of the state constitution has an independent meaning using the factors outlined in [ State v.] Gunwall, [ 106 Wash.2d 54 , 720 P.2d 808 (1986),] it need not reconsider whether to apply a state constitutional analysis in a new context." State v. McKinney, 148 Wash.2d 20, 26 , 60 P.3d 46 (2002) (citing State v. Ladson, 138 Wash.2d 343, 348 , 979 P.2d 833 (1999)).

2010Accordingly, I continue on to determine whether such an error is subject to a harmless error analysis under state law. ¶52 “Once this court has determined that a particular provision of the state constitution has an independent meaning using the factors outlined in [State v.] Gunwall, [ 106 Wn.2d 54 , 720 P.2d 808 (1986),] it need not reconsider whether to apply a state constitutional analysis in a new context.” State v. McKinney, 148 Wn.2d 20, 26 , 60 P.3d 46 (2002) (citing State v. Ladson, 138 Wn.2d 343, 348 , 979 P.2d 833 (1999)).

42002–2010
State v. Ladson green
wash · 1999
2 sentences

2010Accordingly, I continue on to determine whether such an error is subject to a harmless error analysis under state law. ¶ 47 "Once this court has determined that a particular provision of the state constitution has an independent meaning using the factors outlined in [ State v.] Gunwall, [ 106 Wash.2d 54 , 720 P.2d 808 (1986),] it need not reconsider whether to apply a state constitutional analysis in a new context." State v. McKinney, 148 Wash.2d 20, 26 , 60 P.3d 46 (2002) (citing State v. Ladson, 138 Wash.2d 343, 348 , 979 P.2d 833 (1999)).

2010Accordingly, I continue on to determine whether such an error is subject to a harmless error analysis under state law. ¶52 “Once this court has determined that a particular provision of the state constitution has an independent meaning using the factors outlined in [State v.] Gunwall, [ 106 Wn.2d 54 , 720 P.2d 808 (1986),] it need not reconsider whether to apply a state constitutional analysis in a new context.” State v. McKinney, 148 Wn.2d 20, 26 , 60 P.3d 46 (2002) (citing State v. Ladson, 138 Wn.2d 343, 348 , 979 P.2d 833 (1999)).

42002–2010
State v. Myrick green
wash · 1984
2 sentences

2001The Thorson court, citing State v. Myrick, 102 Wn.2d 506 , 688 P.2d 151 (1984), aptly noted that resolution of the state constitutional claim required the reviewing court “to look to the nature of the property, the expectation of privacy it reasonably supports, and the nature of the intrusion.” Thorson, 98 Wn.

2001The Thorson court, citing State v. Myrick, 102 Wn.2d 506 , 688 P.2d 151 (1984), aptly noted that resolution of the state constitutional claim required the reviewing court “to look to the nature of the property, the expectation of privacy it reasonably supports, and the nature of the intrusion.” Thorson, 98 Wn.

41998–2001
State v. Roberts green
wash · 2000
2 sentences

2017As Ramos correctly notes, This Court has "repeated[ly] recogni[zed] that the Washington State Constitution's cruel punishment clause often provides greater protection than the Eighth Amendment." State v. Roberts, 142 Wn.2d 471, 506 , 14 P.3d 713 (2000); Const. art.

2017As Ramos correctly notes, This Court has “repeated [ly] recogni[zed] that the Washington State Constitution’s cruel punishment clause often pro vides greater protection than the Eighth Amendment.” State v. Roberts, 142 Wn.2d 471, 506 , 14 P.3d 713 (2000); Const. art.

32017–2017
State v. Roberts green
wash · 2001
32017–2017
Malyon v. Pierce County green
wash · 1997
32002–2009
State v. Reichenbach green
wash · 2004
32007–2008
City of Seattle v. Mesiani green
wash · 1988
31997–1998
State v. Wethered green
wash · 1988
31994–1997
State v. Chenoweth green
wash · 2007
22018–2019
State v. Davis red
wash · 2012
22018–2018
State v. Ramos green
wash · 2017
22018–2018
State v. Ortiz green
wash · 1992
21994–2017
Mathews v. Eldridge green
scotus · 1976
22011–2011
Blakely v. Washington green
scotus · 2004
22010–2010
State v. Tongate green
wash · 1980
22010–2010
State v. Smith green
wash · 2003
22010–2010
State v. Smith green
wash · 2003
22010–2010
State v. Miles green
wash · 2007
22009–2009
State v. Surge green
wash · 2007
22009–2009
State v. Surge green
wash · 2007
22009–2009
State v. Miles green
wash · 2007
22009–2009
In Re Juveniles A, B, C, D, E green
wash · 1993
22008–2008
Lassiter v. Department of Social Servs. of Durham Cty. green
scotus · 1981
22007–2007
City of Seattle v. McCready green
wash · 1994
22007–2007
Andersen v. King County green
wash · 2006
22007–2007
Baehr v. Lewin red
haw · 1993
22006–2006
Baehr v. Lewin red
haw · 1993
22006–2006
City of Bellevue v. Lorang green
wash · 2000
22006–2006
City of Bellevue v. Lorang green
wash · 2000
22006–2006
State v. E.J.Y. green
washctapp · 2002
22005–2005
1519-1525 Lakeview Boulevard Condominium Ass'n v. Apartment Sales Corp. green
wash · 2001
22003–2003
1519-1525 Lakeview Blvd. Condo. v. Asc green
wash · 2001
22003–2003
State v. Thorson green
washctapp · 1999
22001–2001

Statutes the citing opinions construe

WA § Wash. Rev. Code § 69.50.401 (13) USC § 42u.s.c.1983 (11) WA § Wash. Rev. Code § 10.95.030 (8) USC § 42u.s.c.1988 (6) WA § Wash. Rev. Code § 9.94A.535 (6) WA § Wash. Rev. Code § 9.94A.730 (6) WA § Wash. Rev. Code § 2.06.040 (5) WA § Wash. Rev. Code § 46.20.342 (5) WA § Wash. Rev. Code § 49.60.030 (5) WA § Wash. Rev. Code § 49.60.180 (5) WA § Wash. Rev. Code § 9.41.010 (5) WA § Wash. Rev. Code § 9A.08.020 (5)

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

CT 256 (1984–2026) WA 153 (1980–2026) NM 93 (1988–2025) CA 90 (1969–2024) NH 90 (1982–2025) PA 70 (1985–2025) UT 61 (1988–2025) OR 60 (1983–2025) TX 56 (1973–2024) IA 50 (1995–2026) WY 48 (1991–2025) NY 46 (1981–2026) IN 45 (1980–2025) TN 26 (1993–2017) MD 22 (1967–2025) ID 19 (1980–2025) NC 16 (1985–2022) MI 15 (1984–2025) NJ 15 (1975–2026) GA 14 (1982–2025) MA 13 (1981–2018) VT 12 (1985–2020) MN 11 (1980–2025) AZ 10 (1986–2024) OK 10 (1985–2013) WI 9 (1998–2019) ME 9 (1985–2025) HI 9 (2004–2024) DE 9 (1971–2024) FL 8 (1995–2025) AK 8 (1979–2024) IL 6 (2003–2026) RI 5 (1980–2007) KS 5 (1998–2026) ND 4 (1999–2005) CO 3 (1992–2020) MT 3 (1980–2017) MO 2 (1979–2016) OH 2 (1995–1995)

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.

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