clarified standard (Washington) · Go Syfert
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clarified standard in Washington

23 Washington opinions name it 2 courts 1989–2024 5 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 (3)

CaseFollowedCited
State v. Arbogastgreen
wash · 2022 · cited in 1 Washington opinions naming this issue, 2024–2024
1 sentence

2024See State v. Arbogast, 199 Wn.2d 356 , 371, 506 P.3d 1238 (2022). 9 57530-2-II Riley standard, holding that where there is credible yet conflicting evidence as to what preceded the incident in question, an aggressor instruction is proper.

11
State v. Clarkgreen
wash · 2017 · cited in 1 Washington opinions naming this issue, 2022–2022
2 sentences

2022VI; see also State v. Clark, 187 Wn.2d 641 , 648- 49, 389 P.3d 462 (2017).

2022VI; see also State v. Clark, 187 Wn.2d 641 , 648- 49, 389 P.3d 462 (2017).

11
State v. Hoviggreen
washctapp · 2009 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015In holding that the facts supported the jury's fmding that Mr. McKague had caused his victim sufficient injuries to meet the clarified standard, the court also cited with approval State v. Hovig, 149 Wn.

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 (22)

CaseCitedYears
Terhune v. A. H. Robins Co. green
wash · 1978
2 sentences

2017While the court acknowledged that comment k "does not purport to state what is 'proper warning' where [an unavoidably unsafe] product is involved," id. at 13 , the court clarified that the warning was proper in that case, stating that a manufacturer "fulfills its duty if it warns the physician of the dangers attendant upon its use, and need not warn the patient as well." !d. at 17.

2017While the court acknowledged that comment k “does not purport to state what is ‘proper warning’ where [an unavoidably unsafe] product is involved,” id. at 13 , the court clarified that the warning was proper in that case, stating that a manufacturer “fulfills its duty if it warns the physician of the dangers attendant upon its use, and need not warn the patient as well.” Id. at 17 . ¶41 Following Terhune , we answered a certified question asking whether comment k applied to blood products.

32017–2017
State v. Valencia green
wash · 2010
2 sentences

2015State v. Sanchez Valencia, 169 Wn.2d 782, 786-91 , 239 P.3d 1059 (2010).

2015State v. Sanchez Valencia, 169 Wn.2d 782, 786-91 , 239 P.3d 1059 (2010).

32015–2015
State v. Valencia green
wash · 2010
2 sentences

2015State v. Sanchez Valencia, 169 Wn.2d 782, 786-91 , 239 P.3d 1059 (2010).

2015State v. Sanchez Valencia, 169 Wn.2d 782, 786-91 , 239 P.3d 1059 (2010).

32015–2015
Rickman v. Premera Blue Cross green
wash · 2015
2 sentences

2016Rickman, 184 Wn.2d at 304 .

2016Rickman, 184 Wn.2d at 304 .

22016–2016
Blakely v. Washington green
scotus · 2004
2 sentences

2010In Blakely , the Court clarified this rule, holding "that the `statutory maximum' for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant. " 542 U.S. at 303 , 124 S.Ct. 2531 .

2010In Blakely , the Court clarified this rule, holding “that the ‘statutory maximum’ for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant.” 542 U.S. at 303 .

22010–2010
In Re Marriage of Shoemaker green
wash · 1995
2 sentences

2000In the more recent case of In re Marriage of Shoemaker, 128 Wn.2d 116 , 904 P.2d 1150 (1995), the court clarified the standard for granting retrospective equitable relief.

2000In the more recent case of In re Marriage of Shoemaker, 128 Wash.2d 116 , 904 P.2d 1150 (1995), the court clarified the standard for granting retrospective equitable relief.

22000–2000
In re the Marriage of Shoemaker green
wash · 1995
2 sentences

2000In the more recent case of In re Marriage of Shoemaker, 128 Wn.2d 116 , 904 P.2d 1150 (1995), the court clarified the standard for granting retrospective equitable relief.

2000In the more recent case of In re Marriage of Shoemaker, 128 Wash.2d 116 , 904 P.2d 1150 (1995), the court clarified the standard for granting retrospective equitable relief.

22000–2000
In Re the Marriage of Hunter green
washctapp · 1988
2 sentences

2000There, the court held that although courts have equitable powers to make retrospective modifications when required to reach a just result, those powers "can only be exercised within the `framework of established equitable principles'." Id., at 122-23, 904 P.2d 1150 ( quoting In re Marriage of Hunter, 52 Wash. App. 265, 269 , 758 P.2d 1019 (1988)).

2000There, the court held that although courts have equitable powers to make retrospective modifications when required to reach a just result, those powers "can only be exercised within the `framework of established equitable principles'." Id., at 122-23, 904 P.2d 1150 ( quoting In re Marriage of Hunter, 52 Wash. App. 265, 269 , 758 P.2d 1019 (1988)).

22000–2000
State v. Westwood green
wash · 2023
1 sentence

2024Often, the “same criminal conduct” analysis turns on the first component, “same criminal intent.” In State v. Westwood, 2 Wn.3d 157 , 534 P.3d 1162 (2023), the court clarified the analysis of the same criminal intent component.

12024–2024
Francis v. Department of Corrections green
washctapp · 2013
1 sentence

2024Id. at 63 .

12024–2024
State v. Arndt green
wash · 2019
2 sentences

2022Standard of Review In State v. Arndt, this court clarified the test for analyzing whether the Sixth Amendment right to present a defense has been violated. 194 Wn.2d 784, 797-98 , 453 P.3d 696 (2019); U.S. CONST. amend.

2022Standard of Review In State v. Arndt, this court clarified the test for analyzing whether the Sixth Amendment right to present a defense has been violated. 194 Wn.2d 784, 797-98 , 453 P.3d 696 (2019); U.S. CONST. amend.

12022–2022
Our Lady of Guadalupe School v. Morrissey-Berru green
scotus · 2020
2 sentences

2021Importantly, the Court clarified that the factors discussed in Hosanna-Tabor were not meant to be a “checklist.” Id. at 2067 .

2021The “recognition of the significance of those factors . . . did not mean that they must be met— or even that they are necessarily important—in all other cases.” Id. at 2063 .

12021–2021
Wright v. Group Health Hospital green
wash · 1984
1 sentence

2019Wright, 103 Wn.2d at 201-02 .

12019–2019
Rogers v. Miles Laboratories, Inc. green
wash · 1991
2 sentences

2017Rogers v. Miles Labs., Inc., 116 Wn.2d 195 , 802 P.2d 1346 (1991).

2017Rogers v. Miles Labs., Inc., 116 Wn.2d 195 , 802 P.2d 1346 (1991).

12017–2017
State v. Blazina green
wash · 2015
2 sentences

2016In State v. Blazina, 182 Wn.2d 827 , 832 n.1, 344 P.3d 680 (2015), the court clarified that a challenge to the trial court’s entry of an LFO order under RCW 10.01.160(3) is ripe for judicial determination.

2016In State v. Blazina, 182 Wn.2d 827 , 832 n.1, 344 P.3d 680 (2015), the court clarified that a challenge to the trial court’s entry of an LFO order under RCW 10.01.160(3) is ripe for judicial determination.

12016–2016
State v. W.R. green
wash · 2014
2 sentences

2016Thus, the propriety of the negates analysis is no longer in doubt.” 181 Wn.2d 757, 764 , 336 P.3d 1134 (2014) (citing Martin v. Ohio, 480 U.S. 228 , 107 S. Ct. 1098 , 94 L.

2016Thus, the propriety of the negates analysis is no longer in doubt.” 181 Wn.2d 757, 764 , 336 P.3d 1134 (2014) (citing Martin v. Ohio, 480 U.S. 228 , 107 S. Ct. 1098 , 94 L.

12016–2016
Martin v. Ohio green
scotus · 1987
2 sentences

2016Thus, the propriety of the negates analysis is no longer in doubt.” 181 Wn.2d 757, 764 , 336 P.3d 1134 (2014) (citing Martin v. Ohio, 480 U.S. 228 , 107 S. Ct. 1098 , 94 L.

2016Thus, the propriety of the negates analysis is no longer in doubt.” 181 Wn.2d 757, 764 , 336 P.3d 1134 (2014) (citing Martin v. Ohio, 480 U.S. 228 , 107 S. Ct. 1098 , 94 L.

12016–2016
State v. Ashcraft green
washctapp · 1993
1 sentence

2015App. 1,5, 13 , 202 P.3d 318 (2009) (red and violet teeth marks lasting up to two weeks constituted substantial bodily injury); and State v. Ashcraft, 71 Wn.

12015–2015
State v. Hovig green
washctapp · 2009
1 sentence

2015App. 1,5, 13 , 202 P.3d 318 (2009) (red and violet teeth marks lasting up to two weeks constituted substantial bodily injury); and State v. Ashcraft, 71 Wn.

12015–2015
Estelle v. McGuire green
scotus · 1991
2 sentences

1997Later, the Court clarified the test: "[T]he proper inquiry is not whether an instruction 'could have’ been applied in an unconstitutional manner, but whether there is a reasonable likelihood the jury did so apply it.” Victor, 511 U.S. at 6 (citing Estelle v. McGuire, 502 U.S. 72 n.4, 112 S. Ct. 475 , 116 L.

1997Later, the Court clarified the test: "[T]he proper inquiry is not whether an instruction 'could have’ been applied in an unconstitutional manner, but whether there is a reasonable likelihood the jury did so apply it.” Victor, 511 U.S. at 6 (citing Estelle v. McGuire, 502 U.S. 72 n.4, 112 S. Ct. 475 , 116 L.

11997–1997
Victor v. Nebraska green
scotus · 1994
1 sentence

1997Later, the Court clarified the test: "[T]he proper inquiry is not whether an instruction 'could have’ been applied in an unconstitutional manner, but whether there is a reasonable likelihood the jury did so apply it.” Victor, 511 U.S. at 6 (citing Estelle v. McGuire, 502 U.S. 72 n.4, 112 S. Ct. 475 , 116 L.

11997–1997
State v. Wethered green
wash · 1988
2 sentences

1989After criticism that the Gunwall criteria could be misinterpreted to support the view now espoused by the dissent, [8] this court clarified the test in State v. Wethered, 110 Wn.2d 466, 472 , 755 P.2d 797 (1988).

1989After criticism that the Gunwall criteria could be misinterpreted to support the view now espoused by the dissent, [8] this court clarified the test in State v. Wethered, 110 Wn.2d 466, 472 , 755 P.2d 797 (1988).

11989–1989

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (5) CFR § 42c.f.r.422.204 (3) WA § Wash. Rev. Code § 4.22.005 (3) WA § Wash. Rev. Code § 4.22.015 (3) WA § Wash. Rev. Code § 7.72.010 (3) WA § Wash. Rev. Code § 7.72.030 (3) WA § Wash. Rev. Code § 70.41.230 (3) WA § Wash. Rev. Code § 9.94A.631 (3) WA § Wash. Rev. Code § 9.94A.703 (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

WA 23 (1989–2024) CA 16 (1951–2025) TX 11 (1985–2022) NJ 9 (2001–2024) LA 9 (2007–2020) TN 8 (1997–2014) FL 8 (1962–2018) OH 7 (2003–2021) UT 7 (1985–2024) MI 7 (1989–2017) MT 6 (1983–2009) OR 6 (1987–2018) AZ 6 (1982–2023) PA 6 (1983–2025) AL 6 (1990–2025) IL 5 (2011–2020) IN 5 (1996–2017) MS 5 (2005–2023) NC 5 (1998–2024) CO 4 (1996–2021) WI 4 (2001–2023) SD 4 (2001–2026) NV 3 (2016–2017) OK 3 (2000–2015) KY 3 (2012–2023) MO 3 (1971–2019) GA 3 (1999–2023) WY 2 (1986–2015) ND 2 (2008–2016) MD 2 (2015–2017) HI 2 (2010–2015) ID 2 (1990–2017) SC 2 (1997–2016)

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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