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24 Washington opinions name it 2 courts 2002–2018 0 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. Browngreen2 sentences2005Id. ¶23 The giving of an erroneous accomplice liability instruction may be found to be harmless even where it is clearly evident that the defendant was convicted as an accomplice based only on his or her knowledge of the crime charged. 2003See State v. Brown, 147 Wn.2d 330, 340 , 58 P.3d 889 (2002) (even in cases where multiple crimes are charged against multiple defendants as to some of the charges, the use of an erroneous accomplice liability instruction can be harmless). | 6 | 9 |
State v. Browngreen2 sentences2005Id. ¶ 23 The giving of an erroneous accomplice liability instruction may be found to be harmless even where it is clearly evident that the defendant was convicted as an accomplice based only on his or her knowledge of the crime charged. 2003See State v. Brown, 147 Wn.2d 330, 340 , 58 P.3d 889 (2002) (even in cases where multiple crimes are charged against multiple defendants as to some of the charges, the use of an erroneous accomplice liability instruction can be harmless). | 5 | 6 |
State v. Berubegreen2 sentences2005See State v. Berube, 150 Wn.2d 498, 509 , 79 P.3d 1144 (2003). 2005See State v. Berube, 150 Wash.2d 498, 509 , 79 P.3d 1144 (2003). | 2 | 2 |
State v. Steingreen2 sentences2005See Stein, 144 Wn.2d at 241 . 2005See Stein, 144 Wash.2d at 241 , 27 P.3d 184 . | 2 | 2 |
State v. Berubegreen2 sentences2005See State v. Berube, 150 Wn.2d 498, 509 , 79 P.3d 1144 (2003). 2005See State v. Berube, 150 Wash.2d 498, 509 , 79 P.3d 1144 (2003). | 2 | 2 |
In re the Personal Restraint of Sarausadgreen2 sentences2003See Sarausad, 109 Wn. 2003See Sarausad, 109 Wash.App. at 833-34 , 39 P.3d 308 . | 2 | 2 |
State v. Stovallgreen2 sentences2003App. 650, 656-57 , 63 P.3d 192 (2003) (citing Brown, 147 Wn.2d at 341-42 ). 2003See Stovall, 115 Wash.App. at 658, 63 P.3d 192 . | 1 | 2 |
State v. Stovallgreen2 sentences2003But if the evidence ... shows no direct participation... as a principal and the jury may have found the defendant guilty as an accomplice based on his involvement in some crime other than the specific crime charged, the erroneous accomplice liability instruction is not harmless error.” State v. Stovall, 115 Wn. 2003See Stovall, 115 Wn. | 1 | 2 |
State v. Robertsgreen2 sentences2002Cf. Roberts, 142 Wn.2d at 534 (court held no error in charging both felony murder and aggravated premeditated first degree murder based on same acts, but reversed one conviction for an erroneous accomplice liability instruction). 2002Cf. Roberts, 142 Wash.2d at 534 , 14 P.3d 713 (court held no error in charging both felony murder and aggravated premeditated first degree murder based on same acts, but reversed one conviction for an erroneous accomplice liability instruction). | 1 | 2 |
State v. Steingreen1 sentence2005See Stein, 144 Wash.2d at 241 , 27 P.3d 184 . | 1 | 1 |
Sarausad v. Stategreen1 sentence2003See Sarausad, 109 Wash.App. at 833-34 , 39 P.3d 308 . | 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. Bolar
green
2 sentences2005App. 490 , 78 P.3d 1012 (2003), held that, in the context of felony murder, an erroneous accomplice liability instruction is per se harmless. 2005The Court of Appeals, Division One, citing its holding in State v. Bolar, 118 Wash.App. 490 , 78 P.3d 1012 (2003), held that, in the context of felony murder, an erroneous accomplice liability instruction is per se harmless. | 3 | 2003–2005 |
State v. Bolar
green
2 sentences2005The Court of Appeals, Division One, citing its holding in State v. Bolar, 118 Wash.App. 490 , 78 P.3d 1012 (2003), held that, in the context of felony murder, an erroneous accomplice liability instruction is per se harmless. 2003Because Bolar was convicted only of felony murder, and not premeditated murder, we concluded that the erroneous accomplice liability instruction was harmless per se. 118 Wn. | 3 | 2003–2005 |
State v. Roche
green
2 sentences2003NOTES [1] This decision makes it unnecessary for us to address Klimes' remaining contentions regarding the erroneous accomplice liability instruction, prosecutorial misconduct, and ineffective assistance of counsel. [2] RCW 9A.04.110(5) provides in relevant part that "each unit of a building consisting of two or more units separately secured or occupied is a separate building[.]" [3] In State v. Roche, 75 Wash.App. 500 , 878 P.2d 497 (1994), it was held that Washington's robbery statute creates two alternative means by which an individual may commit that offense. 2003NOTES [1] This decision makes it unnecessary for us to address Klimes' remaining contentions regarding the erroneous accomplice liability instruction, prosecutorial misconduct, and ineffective assistance of counsel. [2] RCW 9A.04.110(5) provides in relevant part that "each unit of a building consisting of two or more units separately secured or occupied is a separate building[.]" [3] In State v. Roche, 75 Wash.App. 500 , 878 P.2d 497 (1994), it was held that Washington's robbery statute creates two alternative means by which an individual may commit that offense. | 2 | 2003–2003 |
State v. Osborne
green
2 sentences2003RCW 9A.32.030(l)(c); State v. Osborne, 102 Wn.2d 87, 93 , 684 P.2d 683 (1984). 2003RCW 9A.32.030(l)(c); State v. Osborne, 102 Wn.2d 87, 93 , 684 P.2d 683 (1984). | 2 | 2003–2003 |
State v. Morris
green
2 sentences2003RESPONSE TO JURY INQUIRY During deliberations, the jury submitted the following question: Does aid to the "buyer" apply to the charge of "Delivery of a controlled substance", the same as aid to the "seller." [16] Johnson's position was that the court should respond by instructing the jury to refer to the jury instructions they were given, or alternatively provide an additional instruction based on State v. Morris, 77 Wash. App. 948 , 896 P.2d 81 (1995) (holding that a buyer does not "deliver" within the meaning of the Uniform Controlled Substances Act). 2003RESPONSE TO JURY INQUIRY During deliberations, the jury submitted the following question: Does aid to the “buyer” apply to the charge of “Delivery of a controlled substance”, the same as aid to the “seller.”[ 16 ] Johnson’s position was that the court should respond by instructing the jury to refer to the jury instructions they were given, or alternatively provide an additional instruction based on State v. Morris, 77 Wn. | 2 | 2003–2003 |
State v. Emmanuel
green
2 sentences2018In reading the jury instructions as a whole, including the court's erroneous accomplice liability instruction, the jury could decide Teal's guilt or innocence as an accomplice to first degree robbery." (citation omitted) (citing Emmanuel , 42 Wash.2d at 819 , 259 P.2d 845 ) ). 2018In reading the jury instructions as a whole, including the court's erroneous accomplice liability instruction, the jury could decide Teal's guilt or innocence as an accomplice to first degree robbery." (citation omitted) (citing Emmanuel , 42 Wash.2d at 819 , 259 P.2d 845 ) ). | 1 | 2018–2018 |
State v. Moran
green
1 sentence2016App. 197, 210 , 81 P.3d 122 (2003) (the giving of the erroneous accomplice liability instruction does not require reversal if it is harmless error). | 1 | 2016–2016 |
In Re the Personal Restraint of Mercer
green
2 sentences2011Restraint of Mercer, 108 Wn.2d 714, 721-22 , 741 P.2d 559 (1987). ¶18 Similarly, those errors that are subject to a harmless error analysis on direct appeal are not considered per se prejudicial on collateral review Thus, an erroneous accomplice liability instruction that did not require the defendant to have been found to be an accomplice in the particular crime charged is not considered per se prejudicial on collateral review. 2011Restraint of Mercer, 108 Wn.2d 714, 721-22 , 741 P.2d 559 (1987). ¶18 Similarly, those errors that are subject to a harmless error analysis on direct appeal are not considered per se prejudicial on collateral review Thus, an erroneous accomplice liability instruction that did not require the defendant to have been found to be an accomplice in the particular crime charged is not considered per se prejudicial on collateral review. | 1 | 2011–2011 |
State v. Easter
green
1 sentence2002First, the state must prove the error was harmless "beyond a reasonable doubt." State v. Easter, 130 Wash.2d 228, 242 , 922 P.2d 1285 (1996). | 1 | 2002–2002 |
State v. Easter
green
1 sentence2002First, the state must prove the error was harmless "beyond a reasonable doubt." State v. Easter, 130 Wash.2d 228, 242 , 922 P.2d 1285 (1996). | 1 | 2002–2002 |
State v. Roberts
green
1 sentence2002Cf. Roberts, 142 Wash.2d at 534 , 14 P.3d 713 (court held no error in charging both felony murder and aggravated premeditated first degree murder based on same acts, but reversed one conviction for an erroneous accomplice liability instruction). | 1 | 2002–2002 |
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.
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.