availability doctrine (Washington) · Go Syfert
← Washington issues

availability doctrine in Washington

21 Washington opinions name it 2 courts 1966–2026 1 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 (14)

CaseFollowedCited
State v. Sublettgreen
wash · 2012 · cited in 2 Washington opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Evans v. State, 946 So. 2d 1, 11 (Fla. 2006); Chestnut v. State, 538 So. 2d 820, 820 (Fla. 1989). ¶46 In Sublett , however, this court held that the availability of the defense of diminished capacity in Washington, but not in the foreign jurisdiction, does not prevent two crimes from being “comparable.” 176 Wn.2d at 88-89 .

2015In Sublett, however, this court held that the availability of the defense of diminished capacity in Washington, but not in the foreign jurisdiction, does not prevent two crimes from being "comparable." 176 Wn.2d at 88-89 (plurality opinion).

12
Curtis v. Leingreen
wash · 2010 · cited in 1 Washington opinions naming this issue, 2017–2017
1 sentence

2017See generally Curtis v. Lein, 169 Wn.2d 884, 888-89 , 239 P.3d 1078 (2010) (calling the cause of action for injuries sustained in falling through a dock on another’s property “a negligence suit” and “a premises liability suit”).

11
Curtis v. Leingreen
wash · 2010 · cited in 1 Washington opinions naming this issue, 2017–2017
1 sentence

2017See generally Curtis v. Lein, 169 Wn.2d 884, 888-89 , 239 P.3d 1078 (2010) (calling the cause of action for injuries sustained in falling through a dock on another’s property “a negligence suit” and “a premises liability suit”).

11
Evans v. Stategreen
fla · 2006 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015See, e.g., Evans v. State, 946 So. 2d 1, 11 (Fla. 2006); Chestnut v. State, 538 So. 2d 820, 820 (Fla. 1989). ¶46 In Sublett , however, this court held that the availability of the defense of diminished capacity in Washington, but not in the foreign jurisdiction, does not prevent two crimes from being “comparable.” 176 Wn.2d at 88-89 .

11
Chestnut v. Stategreen
fla · 1989 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015See, e.g., Evans v. State, 946 So. 2d 1, 11 (Fla. 2006); Chestnut v. State, 538 So. 2d 820, 820 (Fla. 1989). ¶46 In Sublett , however, this court held that the availability of the defense of diminished capacity in Washington, but not in the foreign jurisdiction, does not prevent two crimes from being “comparable.” 176 Wn.2d at 88-89 .

11
Will v. Hallockgreen
scotus · 2006 · cited in 1 Washington opinions naming this issue, 2011–2011
2 sentences

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

11
Kennedy v. Rodegreen
washctapp · 1985 · cited in 1 Washington opinions naming this issue, 2001–2001
2 sentences

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

11
Kucera v. Department of Transportationgreen
wash · 2000 · cited in 1 Washington opinions naming this issue, 2001–2001
1 sentence

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

11
Spry v. Millergreen
washctapp · 1980 · cited in 1 Washington opinions naming this issue, 2001–2001
2 sentences

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

11
Expert Drywall, Inc. v. Braingreen
washctapp · 1977 · cited in 1 Washington opinions naming this issue, 2001–2001
2 sentences

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

11
Springer v. Rosauergreen
washctapp · 1982 · cited in 1 Washington opinions naming this issue, 2001–2001
2 sentences

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

11
Kucera v. State, Dept. of Transp.green
wash · 2000 · cited in 1 Washington opinions naming this issue, 2001–2001
1 sentence

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

11
Estill v. Sisters of Charitygreen
wash · 1970 · cited in 1 Washington opinions naming this issue, 1982–1982
2 sentences

1982But in any case, the later decision of the Washington Supreme Court in In re Estate of Reilly, 78 Wash.2d 623, 647, 663-64 , 479 P.2d 1, 8, 15, 24-25 (1970), has severely limited the availability of the presumption of undue influence.

1982But in any case, the later decision of the Washington Supreme Court in In re Estate of Reilly, 78 Wash.2d 623, 647, 663-64 , 479 P.2d 1, 8, 15, 24-25 (1970), has severely limited the availability of the presumption of undue influence.

11
Bell v. Bursongreen
scotus · 1971 · cited in 1 Washington opinions naming this issue, 1972–1972
2 sentences

1972See Bell v. Burson, 402 U.S. 535 , 29 L.

1972See Bell v. Burson, 402 U.S. 535 , 29 L.

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 (14)

CaseCitedYears
In re the Personal Restraint of Benn green
wash · 1998
2 sentences

2026Restraint of Benn, the Washington Supreme Court held that a criminal defendant did not have the right to be present during a continuance hearing because the hearing 15 No. 59926-1-II did not involve the presentation of evidence, decisions about the admissibility of evidence, or the availability of a defense or theory of the case. 134 Wn.2d 868, 920 , 952 P.2d 116 (1998).

2019The court reasoned that the continuance motion “involved no presentation of evidence, nor was the purpose of the hearing on the motion to determine the admissibility of evidence or the availability of a defense or theory of the case.” Benn, 134 Wn.2d at 920 .

22019–2026
Matter of Personal Restraint of Benn green
wash · 1998
2 sentences

2026Restraint of Benn, the Washington Supreme Court held that a criminal defendant did not have the right to be present during a continuance hearing because the hearing 15 No. 59926-1-II did not involve the presentation of evidence, decisions about the admissibility of evidence, or the availability of a defense or theory of the case. 134 Wn.2d 868, 920 , 952 P.2d 116 (1998).

2019It reasoned that his absence did not affect his opportunity to defend the charge - 21 - No. 77515-4-1/22 because the motion "involved no presentation of evidence, nor was the purpose of the hearing . . . to determine the admissibility of evidence or the availability of a defense or theory of the case." Id.

22019–2026
Bennett v. Hardy green
wash · 1990
2 sentences

2014We assume that the legislature is aware of the doctrine of implied cause of action, which is that the legislature "would not enact a statute granting rights to an identifiable class without enabling members of that class to enforce those rights." Bennett, 113 Wn.2d at 919-21 .

2014We assume that the legislature is aware of the doctrine of implied cause of action, which is that the legislature “would not enact a statute granting rights to an identifiable class without enabling members of that class to enforce those rights.” Bennett, 113 Wn.2d at 919-21 .

22014–2014
State v. Bauer neutral
washctapp · 2013
2 sentences

2014Bauer, 174 Wn.

2014Bauer, 174 Wn.

22014–2014
Mitchell v. Forsyth green
scotus · 1985
2 sentences

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

22011–2011
Pearson v. Callahan green
scotus · 2009
2 sentences

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

22011–2011
Hunter v. Bryant green
scotus · 1991
2 sentences

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

2011Pearson, 555 U.S. at 231-32 , 129 S.Ct. 808 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991)): accord Will v. Hallock, 546 U.S. 345, 353 , 126 S.Ct. 952 , 163 L.Ed.2d 836 (2006) ("The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not `clearly established'; a quick resolution of a qualified immunity claim is essential." (citations omitted)). ¶ 22 Government officials performing discretionary functions are entitled to qualified immunity from civil li

22011–2011
Murphy v. Campbell Investment Co. green
wash · 1971
2 sentences

2001This amendment did not affect the availability of the doctrine in court actions under RCW 18.27.080. 79 Wn.2d 417 , 486 P.2d 1080 (1971).

2001This amendment did not affect the availability of the doctrine in court actions under RCW 18.27.080. 79 Wn.2d 417 , 486 P.2d 1080 (1971).

22001–2001
In Re GAULT green
scotus · 1967
2 sentences

1987Our consideration of the unique character and purpose of juvenile proceedings is not precluded by the statement in Gault that "the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked ..." In re Gault, 387 U.S. 1, 49 , 18 L.

1987Our consideration of the unique character and purpose of juvenile proceedings is not precluded by the statement in Gault that "the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked ..." In re Gault, 387 U.S. 1, 49 , 18 L.

21976–1987
State v. Smith green
washctapp · 2001
1 sentence

2002Id. at 590-91, 31 P.3d 1222 .

12002–2002
Nuttall v. Dowell green
washctapp · 1982
2 sentences

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

12001–2001
B.A. Van De Grift, Inc. v. Skagit County neutral
washctapp · 1990
2 sentences

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

2001Van de Grift, Inc. v. Skagit County, 59 Wash. App. 545, 550 , 800 P.2d 375 (1990) (substantial compliance argument fails in the absence of public liability insurance). [22] Murphy, 79 Wash.2d at 422 , 486 P.2d 1080 . [23] Nuttall v. Dowell, 31 Wash.App. 98, 108 , 639 P.2d 832 (1982) (emphasis added); see also Laws of 1941, ch. 252. [24] Springer v. Rosauer, 31 Wash.App. 418, 421 , 641 P.2d 1216 (1982). [25] We reject the argument that Calibre, a "sophisticated builder," is not a member of the public protected by the statute. [26] 25 Wash.App. 741 , 610 P.2d 931 (1980). [27] Spry, 25 Wash.App.

12001–2001
Miranda v. Arizona green
scotus · 1966
2 sentences

1981Ed. 2d 694 , 86 S. Ct. 1602 , 10 A.L.R.3d 974 (1977), the Supreme Court, when requiring law enforcement officers to advise suspects of their pretrial rights, stated: The Fifth Amendment privilege is so fundamental to our system of constitutional rule and the expedient of giving an adequate warning as to the availability of the privilege so simple, we will not pause to inquire in individual cases whether the defendant was aware of his rights without a warning being given.

1981Ed. 2d 694 , 86 S. Ct. 1602 , 10 A.L.R.3d 974 (1977), the Supreme Court, when requiring law enforcement officers to advise suspects of their pretrial rights, stated: The Fifth Amendment privilege is so fundamental to our system of constitutional rule and the expedient of giving an adequate warning as to the availability of the privilege so simple, we will not pause to inquire in individual cases whether the defendant was aware of his rights without a warning being given.

11981–1981
Carraway v. Johnson green
wash · 1963
2 sentences

1966The availability of the doctrine of unavoidable accident on retrial becomes dubious, for, as we said in Carraway v. Johnson, 63 Wn.2d 212 , 386 P.2d 420 (1963), it is *610 only when the accident appears to have been caused by a child too young to be charged with contributory negligence that the accident may be considered unavoidable within the contemplation of that doctrine.

1966The availability of the doctrine of unavoidable accident on retrial becomes dubious, for, as we said in Carraway v. Johnson, 63 Wn.2d 212 , 386 P.2d 420 (1963), it is *610 only when the accident appears to have been caused by a child too young to be charged with contributory negligence that the accident may be considered unavoidable within the contemplation of that doctrine.

11966–1966

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9.94A.525 (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

NY 129 (1892–2026) PA 101 (1947–2026) CA 74 (1938–2026) CT 49 (1947–2024) FL 38 (1916–2023) NJ 35 (1930–2024) TX 32 (1920–2023) MI 30 (1951–2023) OH 28 (1985–2025) IL 27 (1912–2026) IN 27 (1978–2026) AL 26 (1913–2025) OR 22 (1951–2023) WA 21 (1966–2026) MA 19 (1975–2020) DE 19 (1957–2025) MD 19 (1962–2026) MN 19 (1953–2026) VT 16 (1963–2024) IA 15 (1975–2023) NC 14 (1941–2020) KS 13 (1961–2024) CO 13 (1973–2021) DC 13 (1973–2026) WI 11 (1957–2025) VA 11 (1956–2024) TN 11 (1987–2024) LA 11 (1971–2017) MT 11 (1976–2018) WY 10 (1972–2010) WV 10 (1989–2021) MO 10 (1970–2023) ME 9 (1977–2022) UT 9 (1982–2022) NM 9 (1978–2020) GA 8 (1994–2020) RI 8 (1937–2007) NH 7 (1979–2007) AR 6 (1972–2021) AZ 6 (1962–2016) HI 5 (1962–2023) ID 4 (1961–2025) SC 4 (1951–2007) NE 3 (1947–2014) KY 3 (2017–2024) SD 3 (1981–2020) NV 3 (1994–2011) OK 2 (2014–2014) AK 2 (1980–1992)

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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