refused instruction in Washington

2025Read, 147 Wn.2d at 243 .

2022Read, 147 Wn.2d at 243 .

2019App. at 94 (quoting State v. Read, 147 Wn.2d 238, 243 , 53 P.3d 26 (2002)).

2018State v. Read, 147 Wn.2d 238, 243 , 53 P.3d 26 (2002).

2024State v. Walker, 136 Wn.2d 767, 771 , 966 P.2d 883 (1998).

2002Walker, 136 Wn.2d at 771-72 .

2024State v. Walker, 136 Wn.2d 767, 771 , 966 P.2d 883 (1998).

2002Walker, 136 Wash.2d at 771-72 , 966 P.2d 883 .

2026Id.

2019If the trial court refused the instruction “‘because it found no evidence supporting the defendant’s subjective belief of imminent danger of great bodily harm, an issue of fact, the standard of review is abuse of discretion.’” George, 161 Wn.

2016App. 890, 902 , 954 P.2d 336 (1998). 11 The record shows that the trial court refused the instruction because these three cases involved alcohol, not marijuana, and the trial court believed they were not analogous to this case.

2016Irons, 101 Wn.

2015App. 172, 180 , 902 P.2d 659 (1995). ¶45 In State v. Higley, this court refused to bar, under the double jeopardy clause, prosecution for vehicular assault when the defendant had previously been charged with driving while under the influence and reckless driving for the same car collision.

2014The trial court refused this instruction, reasoning that it was clear 1 In Stoll' s second trial, evidence of his prior sex offense conviction was admitted under RCW 10. 58. 090, which was held to be unconstitutional in State v. Gresham, 173 Wn.2d 405, 413 , 269 P. 3d 207 ( 2012). 3 No. 44265 -5 -II from positioning of the Petrich instruction that each count involved a separate act.

2014The trial court refused this instruction, reasoning that it was clear 1 In Stoll' s second trial, evidence of his prior sex offense conviction was admitted under RCW 10. 58. 090, which was held to be unconstitutional in State v. Gresham, 173 Wn.2d 405, 413 , 269 P. 3d 207 ( 2012). 3 No. 44265 -5 -II from positioning of the Petrich instruction that each count involved a separate act.

1991App. 266, 277-78 , 796 P.2d 737 (1990), review denied, 116 Wn.2d 1014 (1991), a medical malpractice case, this court refused a challenge to the following instruction: "The evidence must rise to the degree of proof that any injury plaintiffs claim . . . probably would not have occurred but for defendants' conduct, to establish a causal relationship." Richards, 59 Wn.

1991App. 266, 277-78 , 796 P.2d 737 (1990), review denied, 116 Wn.2d 1014 (1991), a medical malpractice case, this court refused a challenge to the following instruction: "The evidence must rise to the degree of proof that any injury plaintiffs claim . . . probably would not have occurred but for defendants' conduct, to establish a causal relationship." Richards, 59 Wn.

1988In State v. Humphreys, 118 Wash. 472, 478 , 203 P. 965 (1922), the trial court refused an instruction that evidence of good character may of itself be sufficient to raise a reasonable doubt.

1988In State v. Humphreys, 118 Wash. 472, 478 , 203 P. 965 (1922), the trial court refused an instruction that evidence of good character may of itself be sufficient to raise a reasonable doubt.

1988The court said: "Whatever may be the rule in other jurisdictions, this state has answered the argument to the contrary in the case of State v. Cushing, 17 Wash. 544 , 50 Pac. 512 [1897]".

1988The court said: "Whatever may be the rule in other jurisdictions, this state has answered the argument to the contrary in the case of State v. Cushing, 17 Wash. 544 , 50 Pac. 512 [1897]".

1985Kelly, 640 F.2d at 984 n.16.

1964They suggest also that the standard of the “highest degree of care” has not been directly applied to the operators of escalators in this jurisdiction, citing Blood v. Allied Stores Corp. (1963), 62 Wn. (2d) 187, 381 P. (2d) 742 .

1901In the case of Tracey v. Town of Phelps, 22 Fed. 634, 635 , it is said: “Upon this case the court refused to rule, as matter of law, that Post was a bona fide purchaser of the bonds, and left the question as one of fact to the jury.