challenge instruction in Washington

20 Washington opinions name it 2 courts 1941–2025 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)

Case	Followed	Cited
State v. Mundengreen washctapp · 1996 · cited in 2 Washington opinions naming this issue, 2003–2003 2 sentences 2003See State v. Munden, 81 Wash.App. 192, 195 , 913 P.2d 421 (1996). 2003See State v. Munden, 81 Wn.	2	2
State v. Gaffgreen washctapp · 1998 · cited in 1 Washington opinions naming this issue, 2025–2025 1 sentence 2025State v. Winings, 11 126 Wn. App. 75, 89 , 107 P.3d 141 (2005); see also State v. Gaff, 90 Wn. App. 834, 845 , 954 P.2d 943 (1998) (holding the invited error doctrine precluded review because all parties agreed to the wording of the jury instructions).	1	1
In re the Detention of Gaffgreen washctapp · 1998 · cited in 1 Washington opinions naming this issue, 2025–2025 1 sentence 2025State v. Winings, 11 126 Wn. App. 75, 89 , 107 P.3d 141 (2005); see also State v. Gaff, 90 Wn. App. 834, 845 , 954 P.2d 943 (1998) (holding the invited error doctrine precluded review because all parties agreed to the wording of the jury instructions).	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. Onefrey green wash · 1992 2 sentences 2004State v. Onefrey, 119 Wn.2d 572 , 574 n.1, 835 P.2d 213 (1992). 2004State v. Onefrey, 119 Wn.2d 572 , 574 n.1, 835 P.2d 213 (1992).	3	2000–2004
State v. Winings green washctapp · 2005 2 sentences 2025State v. Winings, 11 126 Wn. App. 75, 89 , 107 P.3d 141 (2005); see also State v. Gaff, 90 Wn. App. 834, 845 , 954 P.2d 943 (1998) (holding the invited error doctrine precluded review because all parties agreed to the wording of the jury instructions). 2025State v. Winings, 126 Wn.	2	2025–2025
Strickland v. Washington green scotus · 1984 2 sentences 2010Accordingly, such conduct does not fall below that of the ordinary, reasonably prudent defense counsel and the first Strickland prong is not satisfied. 466 U.S. at 687-88, 104 S.Ct. 2052 . ¶ 66 Undeniably, the wholesale de novo review of a conviction on direct appeal via claims of ineffective assistance of counsel presents a challenge to the principle of finality of judgments. 2010Accordingly, such conduct does not fall below that of the ordinary, reasonably prudent defense counsel and the first Strickland prong is not satisfied. 466 U.S. at 687-88 . ¶66 Undeniably, the wholesale de novo review of a conviction on direct appeal via claims of ineffective assistance of counsel presents a challenge to the principle of finality of judgments.	2	2010–2010
Skokomish Indian Tribe v. Fitzsimmons green washctapp · 1999 2 sentences 2001Additionally, the Agencies argue that Skokomish Indian Tribe v. Fitzsimmons, 97 Wash.App. 84 , 982 P.2d 1179 (1999), establishes that 570(4)(b) does not apply if an agency has acted. 2001Additionally, the Agencies argue that Skokomish Indian Tribe v. Fitzsimmons, 97 Wn.	2	2001–2001
St. Joseph Hospital & Health Care Center v. Department of Health green wash · 1995 2 sentences 2001Joseph Hosp. & Health Care Ctr. v. Dep’t of Health, 125 Wn.2d 733 , 887 P.2d 891 (1995), establishes that 570(2) governs a challenge to a rule. 2001Joseph Hosp. & Health Care Ctr. v. Dep’t of Health, 125 Wn.2d 733 , 887 P.2d 891 (1995), establishes that 570(2) governs a challenge to a rule.	2	2001–2001
State v. LeFaber red wash · 1996 2 sentences 1998As for the challenge to the instruction itself, we did not overrule any of our prior decisions in LeFaber but, rather, applied the "well-settled" rule that a defendant may claim self-defense based on his "subjective, reasonable belief of imminent harm from the victim." LeFaber, 128 Wash.2d at 899 , 913 P.2d 369 . 1998As for the challenge to the instruction itself, we did not overrule any of our prior decisions in LeFaber but, rather, applied the “well-settled” rule that a defendant may claim self-defense based on his “subjective, reasonable belief of imminent harm from the victim.” LeFaber, 128 Wn.2d at 899 .	2	1998–1998
State v. Winings green washctapp · 2005 1 sentence 2025State v. Winings, 11 126 Wn. App. 75, 89 , 107 P.3d 141 (2005); see also State v. Gaff, 90 Wn. App. 834, 845 , 954 P.2d 943 (1998) (holding the invited error doctrine precluded review because all parties agreed to the wording of the jury instructions).	1	2025–2025
State v. Clayton green wash · 1949 1 sentence 2024In Clayton, our state Supreme Court considered a challenge to an instruction that the jury “‘may’” convict a defendant of statutory rape “‘if [they] believe from the evidence and are satisfied beyond a reasonable doubt as to the guilt of the defendant . . . notwithstanding that there be no direct -6- corroboration of [the victim’s] testimony as to the commission of the act.’” Id. at 572 .	1	2024–2024
State v. Osman green wash · 2006 1 sentence 2024State v. Osman, 157 Wn.2d 474, 481-82 , 139 P.3d 334 (2006).	1	2024–2024
State v. Osman green wash · 2006 1 sentence 2024State v. Osman, 157 Wn.2d 474, 481-82 , 139 P.3d 334 (2006).	1	2024–2024
State v. Stein green wash · 2001 1 sentence 2021State v. Stein, 144 Wn.2d 236, 241 , 27 P.3d 184 (2001).	1	2021–2021
State v. Stein green wash · 2001 1 sentence 2021State v. Stein, 144 Wn.2d 236, 241 , 27 P.3d 184 (2001).	1	2021–2021
Woods View II, LLC v. Kitsap County green washctapp · 2015 1 sentence 2018Woods View II, LLC v. Kitsap County, 188 Wn.	1	2018–2018
Estate of Ryder v. Kelly-Springfield Tire Co. green wash · 1978 1 sentence 2017Ryder then rejected the challenge to the instruction at issue because it did "not purport to summarize all of the issues of the case for the jury." Id.	1	2017–2017
State v. Myers green wash · 1959 1 sentence 1964This instruction was given as part of a longer instruction in State v. Myers (1959), 53 Wn. (2d) 446, 447, 334 P. (2d) 536 , and was there upheld against the objection that it was a comment on the evidence.	1	1964–1964
Shephard v. Smith green wash · 1939 2 sentences 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit. 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit.	1	1941–1941
Boyd v. Cole neutral wash · 1937 2 sentences 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit. 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit.	1	1941–1941
Corbaley v. Pierce County green wash · 1937 2 sentences 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit. 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit.	1	1941–1941
Gibson v. Spokane United Railways green wash · 1938 2 sentences 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit. 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit.	1	1941–1941
Ahrens v. Anderson neutral wash · 1936 2 sentences 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit. 1941Ahrens v. Anderson, 186 Wash. 182 , 57 P. (2d) 410 ; Boyd v. Cole, 189 Wash. 81 , 63 P. (2d) 931 ; Corbaley v. Pierce County, 192 Wash. 688 , 74 P. (2d) 993 ; Gibson v. Spokane United Railways, 197 Wash. 58 , 84 P. (2d) 349 ; Shephard v. Smith, 198 Wash. 395 , 88 P. (2d) 601 .” The challenge to the instruction on the doctrine of the last clear chance is without merit.	1	1941–1941

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (4) WA § Wash. Rev. Code § 9A.04.110 (3) WA § Wash. Rev. Code § 9A.52.070 (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

CA 45 (1978–2026) OR 23 (2000–2025) WA 20 (1941–2025) IN 20 (1976–2014) NY 18 (1940–2026) MI 16 (1978–2026) PA 16 (1974–2026) UT 16 (2004–2020) TX 16 (1997–2023) IL 11 (1951–2024) IA 11 (1974–2024) OH 9 (1983–2021) MO 9 (1967–2024) WI 8 (2004–2026) MA 8 (1986–2026) FL 8 (1990–2025) CO 7 (1995–2026) KS 6 (2016–2026) NC 6 (2013–2020) VA 6 (1991–2016) MT 5 (1931–2011) MS 4 (1986–2026) DC 4 (1997–2024) DE 3 (2016–2023) GA 3 (1984–2018) LA 3 (1994–2014) SD 3 (1977–1992) OK 3 (1987–2001) CT 3 (1977–1997) NE 2 (1974–1983) AR 2 (2001–2003) NH 2 (1983–2016) TN 2 (1987–2010) RI 2 (2012–2012) ND 2 (1988–2023) AZ 2 (2000–2019) NJ 2 (2009–2012) NM 2 (1990–2012) MD 2 (1997–2000) AK 2 (1988–2020) AL 2 (1991–2017)

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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