challenge to a jury instruction in Washington

2022We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Bennett, 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007).

2021Standard of Review We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Bennett, 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). “[J]ury instructions are sufficient when, read as a whole, they accurately state the law, do not mislead the jury, and permit each party to argue its theory of the case.” State v. Teal, 152 Wn.2d 333, 339 , 96 P.3d 974 (2004).

2022We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Bennett, 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007).

2021Standard of Review We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Bennett, 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). “[J]ury instructions are sufficient when, read as a whole, they accurately state the law, do not mislead the jury, and permit each party to argue its theory of the case.” State v. Teal, 152 Wn.2d 333, 339 , 96 P.3d 974 (2004).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane. 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood, 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane, 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood. 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane. 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood, 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane, 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood. 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane. 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood, 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane, 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood. 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane. 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood, 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2015We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Bennett. 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). " 'Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" Keller v. City of Spokane, 146 Wn.2d 237, 249 , 44 P.3d 845 (2002) (quoting Bodin v. City of Stanwood. 130 Wn.2d 726, 732 , 927 P.2d 240 (1996)).

2020Millies v. LandAmerica Transnation, 185 Wn.2d 302, 313 , 372 P.3d 111 (2016).

2020Millies v. LandAmerica Transnation, 185 Wn.2d 302, 313 , 372 P.3d 111 (2016).

2015Kappelman v. Lutz, 167 Wn.2d 1, 6 , 217 P.3d 286 (2009).

2015STANDARD OF REVIEW We review de novo a challenge to a jury instruction based on a matter of law and review for abuse of discretion a challenge based on a matter of fact.1 A court sufficiently instructs a jury when its instructions allow each party to argue its theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.2 We review a trial court's decision to give an emergency instruction for abuse of discretion because that decision involves determining if the record contains the kind of facts to which the doctrine applies.3 1 Kappel

2015Kappelman v. Lutz, 167 Wn.2d 1, 6 , 217 P.3d 286 (2009).

2015STANDARD OF REVIEW We review de novo a challenge to a jury instruction based on a matter of law and review for abuse of discretion a challenge based on a matter of fact.1 A court sufficiently instructs a jury when its instructions allow each party to argue its theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.2 We review a trial court's decision to give an emergency instruction for abuse of discretion because that decision involves determining if the record contains the kind of facts to which the doctrine applies.3 1 Kappel

2019State v. Pirtle, 127 Wn.2d 628, 656 , 904 P.2d 245 (1995).

2014Generally, a failure to present an issue in the trial court waives the 2 State v. Lew, 156 Wn.2d 709, 721 , 132 P.3d 1076 (2006) (citing State v. Pirtle. 127 Wn.2d 628, 656 , 904 P.2d 245 (1995)). 3 Lew, 156 Wn.2d at 719-20 . 4 Levy, 156 Wn.2d at 723 (citing State v. Lane, 125 Wn.2d 825, 838-39 , 889 P.2d 929 (1995)). 5 In re Pers.

2019State v. Pirtle, 127 Wn.2d 628, 656 , 904 P.2d 245 (1995).

2014Generally, a failure to present an issue in the trial court waives the 2 State v. Lew, 156 Wn.2d 709, 721 , 132 P.3d 1076 (2006) (citing State v. Pirtle. 127 Wn.2d 628, 656 , 904 P.2d 245 (1995)). 3 Lew, 156 Wn.2d at 719-20 . 4 Levy, 156 Wn.2d at 723 (citing State v. Lane, 125 Wn.2d 825, 838-39 , 889 P.2d 929 (1995)). 5 In re Pers.

2011We address each in turn. *441 A. Standard of Review ¶ 13 We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Benn, 120 Wash.2d 631, 654-55 , 845 P.2d 289 (1993). "`Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" State v. Aguirre, 168 Wash.2d 350, 363-64 , 229 P.3d 669 (2010) (internal quotation marks omitted) (quoting Keller v. City of Spokane, 146 Wash.2d 23

2011A. Standard of Review ¶13 We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Benn, 120 Wn.2d 631, 654-55 , 845 P.2d 289 (1993). “ ‘Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.’ ” State v. Aguirre, 168 Wn.2d 350, 363-64 , 229 P.3d 669 (2010) (emphasis omitted) (internal quotation marks omitted) (quoting Keller v. City of Spokane, 146 Wn.2d 237, 249 , 44 P.3d

2011We address each in turn. *441 A. Standard of Review ¶ 13 We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Benn, 120 Wash.2d 631, 654-55 , 845 P.2d 289 (1993). "`Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" State v. Aguirre, 168 Wash.2d 350, 363-64 , 229 P.3d 669 (2010) (internal quotation marks omitted) (quoting Keller v. City of Spokane, 146 Wash.2d 23

2011A. Standard of Review ¶13 We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Benn, 120 Wn.2d 631, 654-55 , 845 P.2d 289 (1993). “ ‘Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.’ ” State v. Aguirre, 168 Wn.2d 350, 363-64 , 229 P.3d 669 (2010) (emphasis omitted) (internal quotation marks omitted) (quoting Keller v. City of Spokane, 146 Wn.2d 237, 249 , 44 P.3d

2011We address each in turn. *441 A. Standard of Review ¶ 13 We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Benn, 120 Wash.2d 631, 654-55 , 845 P.2d 289 (1993). "`Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" State v. Aguirre, 168 Wash.2d 350, 363-64 , 229 P.3d 669 (2010) (internal quotation marks omitted) (quoting Keller v. City of Spokane, 146 Wash.2d 23

2011We address each in turn. *441 A. Standard of Review ¶ 13 We review a challenge to a jury instruction de novo, evaluating the jury instruction "in the context of the instructions as a whole." State v. Benn, 120 Wash.2d 631, 654-55 , 845 P.2d 289 (1993). "`Jury instructions are sufficient when they allow counsel to argue their theory of the case, are not misleading, and when read as a whole properly inform the trier of fact of the applicable law.'" State v. Aguirre, 168 Wash.2d 350, 363-64 , 229 P.3d 669 (2010) (internal quotation marks omitted) (quoting Keller v. City of Spokane, 146 Wash.2d 23

2011"Jury instructions are sufficient if they are readily understood and are not misleading to the ordinary mind." State v. Sublett, 156 Wash. App. 160, 183 , 231 P.3d 231 (2010) (citing State v. Dana, 73 Wash.2d 533, 537 , 439 P.2d 403 (1968)), review granted, 170 Wash.2d 1016 , 245 P.3d 775 (2010).

2011“Jury instructions are sufficient if they are readily understood and are not misleading to the ordinary mind.” State v. Sublett, 156 Wn.

2000State v. Dent, 123 Wash.2d 467, 478 , 869 P.2d 392 (1994).

2000State v. Dent, 123 Wash.2d 467, 478 , 869 P.2d 392 (1994).

2024Boyd v. State, 187 Wn.

2022“Jury instructions are proper when they permit the parties to argue their theories of the case, do not mislead the jury, and properly inform the jury of the applicable law.” Barnes, 153 Wn.2d at 382 .

2021Standard of Review We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Bennett, 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). “[J]ury instructions are sufficient when, read as a whole, they accurately state the law, do not mislead the jury, and permit each party to argue its theory of the case.” State v. Teal, 152 Wn.2d 333, 339 , 96 P.3d 974 (2004).

2021Standard of Review We review a challenge to a jury instruction de novo, evaluating the jury instruction “in the context of the instructions as a whole.” State v. Bennett, 161 Wn.2d 303, 307 , 165 P.3d 1241 (2007). “[J]ury instructions are sufficient when, read as a whole, they accurately state the law, do not mislead the jury, and permit each party to argue its theory of the case.” State v. Teal, 152 Wn.2d 333, 339 , 96 P.3d 974 (2004).

2019Vangerpen, 125 Wn.2d at 787 .

2014Generally, a failure to present an issue in the trial court waives the 2 State v. Lew, 156 Wn.2d 709, 721 , 132 P.3d 1076 (2006) (citing State v. Pirtle. 127 Wn.2d 628, 656 , 904 P.2d 245 (1995)). 3 Lew, 156 Wn.2d at 719-20 . 4 Levy, 156 Wn.2d at 723 (citing State v. Lane, 125 Wn.2d 825, 838-39 , 889 P.2d 929 (1995)). 5 In re Pers.

2014Generally, a failure to present an issue in the trial court waives the 2 State v. Lew, 156 Wn.2d 709, 721 , 132 P.3d 1076 (2006) (citing State v. Pirtle. 127 Wn.2d 628, 656 , 904 P.2d 245 (1995)). 3 Lew, 156 Wn.2d at 719-20 . 4 Levy, 156 Wn.2d at 723 (citing State v. Lane, 125 Wn.2d 825, 838-39 , 889 P.2d 929 (1995)). 5 In re Pers.

2014Generally, a failure to present an issue in the trial court waives the 2 State v. Lew, 156 Wn.2d 709, 721 , 132 P.3d 1076 (2006) (citing State v. Pirtle. 127 Wn.2d 628, 656 , 904 P.2d 245 (1995)). 3 Lew, 156 Wn.2d at 719-20 . 4 Levy, 156 Wn.2d at 723 (citing State v. Lane, 125 Wn.2d 825, 838-39 , 889 P.2d 929 (1995)). 5 In re Pers.

2014Generally, a failure to present an issue in the trial court waives the 2 State v. Lew, 156 Wn.2d 709, 721 , 132 P.3d 1076 (2006) (citing State v. Pirtle. 127 Wn.2d 628, 656 , 904 P.2d 245 (1995)). 3 Lew, 156 Wn.2d at 719-20 . 4 Levy, 156 Wn.2d at 723 (citing State v. Lane, 125 Wn.2d 825, 838-39 , 889 P.2d 929 (1995)). 5 In re Pers.

2014Generally, a failure to present an issue in the trial court waives the 2 State v. Lew, 156 Wn.2d 709, 721 , 132 P.3d 1076 (2006) (citing State v. Pirtle. 127 Wn.2d 628, 656 , 904 P.2d 245 (1995)). 3 Lew, 156 Wn.2d at 719-20 . 4 Levy, 156 Wn.2d at 723 (citing State v. Lane, 125 Wn.2d 825, 838-39 , 889 P.2d 929 (1995)). 5 In re Pers.

2014State v. Johnston, 11 44208 -6 -II 100 Wn.

2011"Jury instructions are sufficient if they are readily understood and are not misleading to the ordinary mind." State v. Sublett, 156 Wash. App. 160, 183 , 231 P.3d 231 (2010) (citing State v. Dana, 73 Wash.2d 533, 537 , 439 P.2d 403 (1968)), review granted, 170 Wash.2d 1016 , 245 P.3d 775 (2010).

2011"Jury instructions are sufficient if they are readily understood and are not misleading to the ordinary mind." State v. Sublett, 156 Wash. App. 160, 183 , 231 P.3d 231 (2010) (citing State v. Dana, 73 Wash.2d 533, 537 , 439 P.2d 403 (1968)), review granted, 170 Wash.2d 1016 , 245 P.3d 775 (2010).