22 Washington opinions name it 2 courts 1996–2026 8 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 |
|---|---|---|
In Re Eatongreen2 sentences2000Cf. In re Eaton, 110 Wn.2d 892, 898 , 757 P.2d 961 (1988) (“[W]here a statute designates a list of things whereupon the statute operates, the inference arises that the Legislature intended to omit other things not listed[.]”). 2000Cf. In re Eaton, 110 Wn.2d 892, 898 , 757 P.2d 961 (1988) (“[W]here a statute designates a list of things whereupon the statute operates, the inference arises that the Legislature intended to omit other things not listed[.]”). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re the Marriage of Mansour
green
2 sentences2026But “[n]othing in RCW 26.09.090 requires the trial court to make specific factual findings on each of the factors listed in RCW 26.09.090(1). 11 No. 87994-4-I/12 The statute merely requires the court to consider the listed factors.” In re Marriage of Mansour, 126 Wn. 2023The statute merely requires the court to consider the listed factors.” In re Marriage of Mansour, 126 Wn. | 8 | 2014–2026 |
Mansour v. Mansour
green
2 sentences2026Instead, “[t]he statute merely requires the court to consider the listed factors.” Id. 2020In Mansour, we 8 No. 52756-1-II held that a trial court’s “failure to list the influence of each factor in its ruling” did not warrant “reversing the maintenance award for lack of consideration of the listed factors.” Id. | 6 | 2018–2026 |
Kottler v. State
green
2 sentences2018The legislature left no doubt as to its intent-proportionate liability "has now become the rule." Kottler v. State, 136 Wash.2d 437 , 443, 963 P.2d 834 (1998). " RCW 4.22.070, the centerpiece of the 1986 amendatory package, requires all liability be apportioned unless a listed exception applies in which case joint and several liability is retained." Id. ¶ 14 Under the rule of proportionate liability, fact finders assign percentages of "fault" attributable to each party and relevant nonparty, including plaintiffs, whose negligence or certain other categories of culpable conduct constitutes a le 2001Thus, “RCW 4.22.070, the centerpiece of the 1986 amendatory package, requires all liability be apportioned unless a listed exception applies in which case joint and several liability is retained.” Kottler, 136 Wn.2d at 443 . | 3 | 2001–2018 |
State v. Houston-Sconiers
green
2 sentences2022Id. at 23 . 2022Id. at 23 . | 2 | 2022–2022 |
Kottler v. State
green
2 sentences2018The legislature left no doubt as to its intent-proportionate liability "has now become the rule." Kottler v. State, 136 Wash.2d 437 , 443, 963 P.2d 834 (1998). " RCW 4.22.070, the centerpiece of the 1986 amendatory package, requires all liability be apportioned unless a listed exception applies in which case joint and several liability is retained." Id. ¶ 14 Under the rule of proportionate liability, fact finders assign percentages of "fault" attributable to each party and relevant nonparty, including plaintiffs, whose negligence or certain other categories of culpable conduct constitutes a le 2018The legislature left no doubt as to its intent-proportionate liability "has now become the rule." Kottler v. State, 136 Wash.2d 437 , 443, 963 P.2d 834 (1998). " RCW 4.22.070, the centerpiece of the 1986 amendatory package, requires all liability be apportioned unless a listed exception applies in which case joint and several liability is retained." Id. ¶ 14 Under the rule of proportionate liability, fact finders assign percentages of "fault" attributable to each party and relevant nonparty, including plaintiffs, whose negligence or certain other categories of culpable conduct constitutes a le | 2 | 2001–2018 |
In Re Mulholland
neutral
1 sentence2023But the SRA states that its list of mitigating factors is “illustrative only and [the listed factors] are not intended to be exclusive reasons for exceptional sentences.” Id. | 1 | 2023–2023 |
State v. Garcia
neutral
1 sentence2021In reaching this conclusion, the court made clear that “exceptional sentences based upon the size of the violation is an evaluation of proportional seriousness, a factor that the legislature has already taken into consideration.” Id. | 1 | 2021–2021 |
In the Matter of Marriage of Sheffer
green
1 sentence2013When, as in the present case, the disparity in earning power is great and the property division is unequal, reviewing courts must closely examine a maintenance award "to see whether it is equitable in light of the postdissolution economic situations of the parties." In re Marriage of Sheffer, 60 Wn. | 1 | 2013–2013 |
Boyde v. California
green
2 sentences2012Over Davis’s objection, the court rejected Davis’s proposed instruction, which was identical to the instruction actually given except that it replaced the last paragraph with two nonstatutory mitigating circumstances: “[w]hether the defendant is mentally retarded” and “[w]hether the defendant suffers from a major mental illness.” CP at 1119. ¶72 Davis contends that because the trial court’s instruction on mitigating evidence led jurors to believe that the listed factors were the only mitigating factors relating to mental illness that it could consider, the instruction violated his right to hav 2012Over Davis’s objection, the court rejected Davis’s proposed instruction, which was identical to the instruction actually given except that it replaced the last paragraph with two nonstatutory mitigating circumstances: “[w]hether the defendant is mentally retarded” and “[w]hether the defendant suffers from a major mental illness.” CP at 1119. ¶72 Davis contends that because the trial court’s instruction on mitigating evidence led jurors to believe that the listed factors were the only mitigating factors relating to mental illness that it could consider, the instruction violated his right to hav | 1 | 2012–2012 |
State v. Cardenas
green
1 sentence1996Id. | 1 | 1996–1996 |
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.