inferior degree instruction in Washington

21 Washington opinions name it 1 courts 2005–2025 4 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)

Case	Followed	Cited
State v. Fernandez-Medinagreen wash · 2000 · cited in 12 Washington opinions naming this issue, 2009–2021 2 sentences 2020Satisfaction of the factual prong of the inferior degree instruction test does not require Greystoke to show that there is no evidence of heightened intent, but only that “substantial evidence in the record supports a rational inference that the defendant committed only the . . . inferior degree offense to the exclusion of the greater offense.” Fernandez-Medina, 141 Wn.2d at 13 No. 51049-9-II 461. 2020“A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.” RCW 9A.36.041(1). 4 No. 53227-1-II An inferior degree instruction is proper when: “(1) [T]he statutes for both the charged offense and the proposed inferior degree offense proscribe but one offense; (2) the information charges an offense that is divided into degrees, and the proposed offense is an inferior degree of the charged offense; and (3) there is evidence that the defendant committed only the inferi	2	12
State v. Workmangreen wash · 1978 · cited in 2 Washington opinions naming this issue, 2009–2009 2 sentences 2009Majority at 71 n.1; see State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978). 2009Majority at 71 n.1; see State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978).	2	2
State v. Condongreen wash · 2015 · cited in 1 Washington opinions naming this issue, 2021–2021 2 sentences 2021See State v. Condon, 182 Wn.2d 307, 316 , 343 P.3d 357 (2015) (stating the standard of review in lesser included defense cases). 2021See State v. Condon, 182 Wn.2d 307, 316 , 343 P.3d 357 (2015) (stating the standard of review in lesser included defense cases).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (20)

Case	Cited	Years
State v. Peterson green wash · 1997 2 sentences 2024A party requesting an inferior degree instruction must show that the State charged the defendant with a crime that was “divided into degrees, and the proposed offense is an inferior degree of the charged offense;” that “the statutes for both the charged offense and the proposed inferior degree offense ‘proscribe but one offense;’” and that “there is evidence that the defendant committed only the inferior offense.” State v. Coryell, 197 Wn. 2d 397, 410 , 483 P.3d 98 (2021) (quoting State v. Peterson, 133 Wn.2d 885, 892-93 , 948 P.2d. 381 (1997)). 2020“A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.” RCW 9A.36.041(1). 4 No. 53227-1-II An inferior degree instruction is proper when: “(1) [T]he statutes for both the charged offense and the proposed inferior degree offense proscribe but one offense; (2) the information charges an offense that is divided into degrees, and the proposed offense is an inferior degree of the charged offense; and (3) there is evidence that the defendant committed only the inferi	3	2016–2024
State v. Peterson green wash · 1997 2 sentences 2024A party requesting an inferior degree instruction must show that the State charged the defendant with a crime that was “divided into degrees, and the proposed offense is an inferior degree of the charged offense;” that “the statutes for both the charged offense and the proposed inferior degree offense ‘proscribe but one offense;’” and that “there is evidence that the defendant committed only the inferior offense.” State v. Coryell, 197 Wn. 2d 397, 410 , 483 P.3d 98 (2021) (quoting State v. Peterson, 133 Wn.2d 885, 892-93 , 948 P.2d. 381 (1997)). 2020“A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.” RCW 9A.36.041(1). 4 No. 53227-1-II An inferior degree instruction is proper when: “(1) [T]he statutes for both the charged offense and the proposed inferior degree offense proscribe but one offense; (2) the information charges an offense that is divided into degrees, and the proposed offense is an inferior degree of the charged offense; and (3) there is evidence that the defendant committed only the inferi	3	2016–2024
State v. Tamalini green wash · 1998 2 sentences 2005State v. Tamalini, 134 Wn.2d 725, 730-31 , 953 P.2d 450 (1998). ¶25 Greenwood contends that the right to an inferior degree instruction is “one of the constitutional rights to be afforded a defense” under RCW 71.09.060(2). 2005State v. Tamalini, 134 Wash.2d 725, 730-31 , 953 P.2d 450 (1998). ¶ 25 Greenwood contends that the right to an inferior degree instruction is "one of the constitutional rights to be afforded a defense" under RCW 71.09.060(2).	3	2005–2014
State v. Tamalini green wash · 1998 2 sentences 2005State v. Tamalini, 134 Wn.2d 725, 730-31 , 953 P.2d 450 (1998). ¶25 Greenwood contends that the right to an inferior degree instruction is “one of the constitutional rights to be afforded a defense” under RCW 71.09.060(2). 2005State v. Tamalini, 134 Wash.2d 725, 730-31 , 953 P.2d 450 (1998). ¶ 25 Greenwood contends that the right to an inferior degree instruction is "one of the constitutional rights to be afforded a defense" under RCW 71.09.060(2).	3	2005–2014
State v. Coryell green wash · 2021 2 sentences 2024A party requesting an inferior degree instruction must show that the State charged the defendant with a crime that was “divided into degrees, and the proposed offense is an inferior degree of the charged offense;” that “the statutes for both the charged offense and the proposed inferior degree offense ‘proscribe but one offense;’” and that “there is evidence that the defendant committed only the inferior offense.” State v. Coryell, 197 Wn. 2d 397, 410 , 483 P.3d 98 (2021) (quoting State v. Peterson, 133 Wn.2d 885, 892-93 , 948 P.2d. 381 (1997)). 2024A party requesting an inferior degree instruction must show that the State charged the defendant with a crime that was “divided into degrees, and the proposed offense is an inferior degree of the charged offense;” that “the statutes for both the charged offense and the proposed inferior degree offense ‘proscribe but one offense;’” and that “there is evidence that the defendant committed only the inferior offense.” State v. Coryell, 197 Wn. 2d 397, 410 , 483 P.3d 98 (2021) (quoting State v. Peterson, 133 Wn.2d 885, 892-93 , 948 P.2d. 381 (1997)).	2	2023–2024
State v. Winings green washctapp · 2005 2 sentences 2005State v. Winings, 126 Wn. 2005State v. Winings, 126 Wash.App. 75, 86 , 107 P.3d 141 (2005).	2	2005–2005
Strickland v. Washington green scotus · 1984 1 sentence 2025Strickland, 466 U.S. at 694 .	1	2025–2025
State v. Grier green wash · 2011 1 sentence 2019Id. at 44 . 10 No. 51276-9-II address Wolfy’s periodontal disease caused Wolfy to starve, and therefore it was inadmissible under ER 404(b).	1	2019–2019
State v. Meneses green wash · 2010 1 sentence 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com	1	2016–2016
State v. Hutchinson green wash · 1998 1 sentence 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com	1	2016–2016
State v. Hutchinson green wash · 1998 1 sentence 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com	1	2016–2016
State v. Meneses green wash · 2010 1 sentence 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com	1	2016–2016
Petersen v. State green wash · 1983 2 sentences 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com	1	2016–2016
State v. Zwicker green wash · 1986 2 sentences 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com	1	2016–2016
State v. Dana green wash · 1968 2 sentences 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com 2016However both instructions require the same factual inquiry: the evidence "must raise an inference that only the lesser included/inferior degree offense was 26 State v. Meneses. 169 Wn.2d 586, 595 , 238 P.3d 495 (2010). 27 Fernandez-Medina, 141 Wn.2d at 454 (quoting State v. Peterson, 133 Wn.2d 885, 891 , 948 P.2d 381 (1997)). 28 State v. Zwicker, 105 Wn.2d 228, 243 , 713 P.2d 1101 (1986). 29 State v. Hutchinson, 135 Wn.2d 863, 885 , 959 P.2d 1061 (1998); Petersen v. State, 100 Wn.2d 421, 440 , 671 P.2d 230 (1983); State v. Dana, 73 Wn.2d 533, 537 , 439 P.2d 403 (1968). -9- No. 72452-5-1/10 com	1	2016–2016
State v. Foster green wash · 1979 2 sentences 2014State v. Tamalini, 134 Wn.2d 725, 732 , 953 P.2d 450 (1998) (quoting State v. Foster, 91 Wn.2d 466,472 , 589 P.2d 789 (1979». 2014State v. Tamalini, 134 Wn.2d 725, 732 , 953 P.2d 450 (1998) (quoting State v. Foster, 91 Wn.2d 466,472 , 589 P.2d 789 (1979».	1	2014–2014
In Re the Personal Restraint of Carle green wash · 1980 2 sentences 2014Restraint of Carle. 93 Wn.2d 31, 33 , 604 P.2d 1293 (1980). 101 See RCW 9.94A.701(1)(b), (2). 102 See State v. Boyd 174 Wn.2d 470, 473 , 275 P.3d 321 (2012). 103 Statement of Additional Grounds for Review / RAP 10.10 at 15. 33 No. 69005-1-1/34 this record shows that there was no affirmative evidence that the intercourse was unforced but nonconsensual, we disagree. 2014Restraint of Carle. 93 Wn.2d 31, 33 , 604 P.2d 1293 (1980). 101 See RCW 9.94A.701(1)(b), (2). 102 See State v. Boyd 174 Wn.2d 470, 473 , 275 P.3d 321 (2012). 103 Statement of Additional Grounds for Review / RAP 10.10 at 15. 33 No. 69005-1-1/34 this record shows that there was no affirmative evidence that the intercourse was unforced but nonconsensual, we disagree.	1	2014–2014
State v. Boyd green wash · 2012 2 sentences 2014Restraint of Carle. 93 Wn.2d 31, 33 , 604 P.2d 1293 (1980). 101 See RCW 9.94A.701(1)(b), (2). 102 See State v. Boyd 174 Wn.2d 470, 473 , 275 P.3d 321 (2012). 103 Statement of Additional Grounds for Review / RAP 10.10 at 15. 33 No. 69005-1-1/34 this record shows that there was no affirmative evidence that the intercourse was unforced but nonconsensual, we disagree. 2014Restraint of Carle. 93 Wn.2d 31, 33 , 604 P.2d 1293 (1980). 101 See RCW 9.94A.701(1)(b), (2). 102 See State v. Boyd 174 Wn.2d 470, 473 , 275 P.3d 321 (2012). 103 Statement of Additional Grounds for Review / RAP 10.10 at 15. 33 No. 69005-1-1/34 this record shows that there was no affirmative evidence that the intercourse was unforced but nonconsensual, we disagree.	1	2014–2014
State v. Fernandez-Medina green wash · 2000 1 sentence 2009Id. at 452, 6 P.3d 1150 .	1	2009–2009
State v. Winings green washctapp · 2005 1 sentence 2005State v. Winings, 126 Wash.App. 75, 86 , 107 P.3d 141 (2005).	1	2005–2005

Statutes the citing opinions construe

WA § Wash. Rev. Code § 10.61.003 (11) WA § Wash. Rev. Code § 2.06.040 (10) WA § Wash. Rev. Code § 9A.36.021 (6) WA § Wash. Rev. Code § 9A.36.041 (5) WA § Wash. Rev. Code § 9A.04.110 (4) WA § Wash. Rev. Code § 9A.08.010 (4) WA § Wash. Rev. Code § 9A.36.031 (4) WA § Wash. Rev. Code § 9A.44.060 (4) WA § Wash. Rev. Code § 9.94A.030 (3) WA § Wash. Rev. Code § 9A.44.050 (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 21 (2005–2025) OH 2 (2002–2008)

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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