20 Washington opinions name it 2 courts 1974–2025 2 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 |
|---|---|---|
State v. Garzagreen2 sentences2015Given the failure to indulge the presumption against waiver, the trial court’s “hasty determination . . . after only five minutes” of waiting “was manifestly unreasonable.” Id. ¶20 In Cobarruvias , Division Three read Garza to require the trial court to both expressly state that it is considering the presumption against waiver and begin its voluntary absence analysis anew in the third prong. 2015Thurlby references language in Garza where she claims this court criticized the trial court for making “the determination of voluntary absence without reference to the presumption against waiver.” 150 Wn.2d at 369 . | 2 | 6 |
Brewer v. Williamsgreen2 sentences1999See, e.g., Brewer, 430 U.S. at 404 (stating that the presumption against waiver of right to counsel “applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings.”) (emphasis added) (citing Schneckloth v. Bustamonte, 412 U.S. 218, 238-40 , 93 S. Ct. 2041 , 36 L. 1999See, e.g., Brewer, 430 U.S. at 404 , 97 S.Ct. 1232 (stating that the presumption against waiver of right to counsel "applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings." ) (emphasis added) (citing Schneckloth v. Bustamonte, 412 U.S. 218, 238-40 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973)); Robtoy, 98 Wash.2d at 40 , 653 P.2d 284 (citing Brewer, 430 U.S. at 404 , 97 S.Ct. 1232 ). [14] The record indicates that Turay has three prior rape convictions. [15] Evidence of a prior conviction for a crime of sexual violence is relevan | 2 | 2 |
Schneckloth v. Bustamontegreen2 sentences1999See, e.g., Brewer, 430 U.S. at 404 (stating that the presumption against waiver of right to counsel “applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings.”) (emphasis added) (citing Schneckloth v. Bustamonte, 412 U.S. 218, 238-40 , 93 S. Ct. 2041 , 36 L. 1999See, e.g., Brewer, 430 U.S. at 404 (stating that the presumption against waiver of right to counsel “applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings.”) (emphasis added) (citing Schneckloth v. Bustamonte, 412 U.S. 218, 238-40 , 93 S. Ct. 2041 , 36 L. | 2 | 2 |
State v. Madsengreen2 sentences2019Finally, the court in Madsen emphasized that the presumption against waiver of the right to counsel does not mean that the trial court can deny a request for self-representation without a proper basis. 168 Wn.2d at 504-05 . 10 No. 50266-6-II The grounds that allow a court to deny a defendant the right to self-representation are limited to a finding that the defendant’s request is equivocal, untimely, involuntary, or made without a general understanding of the consequences. 2017State v. Madsen, 168 Wn.2d 496, 504 , 229 P.3d 714 (2016). | 1 | 6 |
State v. Garzagreen2 sentences2003Garza, 112 Wn. 2003At this point, the presumption against waiver “simply ensures that the court will review the circumstances of the defendant’s absence and attempts to contact the court in a generous light.” Id. at 322. | 1 | 2 |
State v. Burnsgreen1 sentence2025While the suggested factors are not exhaustive or sufficient individually, the trial court must evaluate all of the information in front of it and use its discretion to determine whether the waiver is knowing, voluntary, and intelligent, and to ensure a waiver is made with an understanding of the consequences and the seriousness of the charges, keeping in mind the presumption against the waiver of the right to counsel. 193 Wn.2d at 203-04 (emphasis added) (citations omitted). | 1 | 1 |
State v. Cobarruviasgreen2 sentences2015See State v. Cobarruvias, 179 Wn. 2015She relies heavily on Cobarruvias, 179 Wn. | 1 | 1 |
State v. Strikergreen2 sentences1977See State v. Striker, 87 Wn.2d 870 , 557 P.2d 847 (1976). 3 This ruling makes it unnecessary for us to consider the question of continuances, with the accompanying requirement of a contemporaneous record thereof. 1977See State v. Striker, 87 Wn.2d 870 , 557 P.2d 847 (1976). 3 This ruling makes it unnecessary for us to consider the question of continuances, with the accompanying requirement of a contemporaneous record thereof. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Thurlby
neutral
2 sentences2015Thurlby, 184 Wn. 2015Thurlby, 184 Wn. | 2 | 2015–2015 |
State v. Garza
green
2 sentences2014State v. Garza, 150 Wn.2d 360, 367-68 , 77 P.3d 347 (2003). 2014State v. Garza, 150 Wn.2d 360, 367-68 , 77 P.3d 347 (2003). | 2 | 2014–2014 |
State v. Washington
green
2 sentences2014Id. 2014Id. | 2 | 2014–2014 |
State v. Robtoy
green
2 sentences1999See, e.g., Brewer, 430 U.S. at 404 , 97 S.Ct. 1232 (stating that the presumption against waiver of right to counsel "applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings." ) (emphasis added) (citing Schneckloth v. Bustamonte, 412 U.S. 218, 238-40 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973)); Robtoy, 98 Wash.2d at 40 , 653 P.2d 284 (citing Brewer, 430 U.S. at 404 , 97 S.Ct. 1232 ). [14] The record indicates that Turay has three prior rape convictions. [15] Evidence of a prior conviction for a crime of sexual violence is relevan 1999See, e.g., Brewer, 430 U.S. at 404 , 97 S.Ct. 1232 (stating that the presumption against waiver of right to counsel "applies equally to an alleged waiver of the right to counsel whether at trial or at a critical stage of pretrial proceedings." ) (emphasis added) (citing Schneckloth v. Bustamonte, 412 U.S. 218, 238-40 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973)); Robtoy, 98 Wash.2d at 40 , 653 P.2d 284 (citing Brewer, 430 U.S. at 404 , 97 S.Ct. 1232 ). [14] The record indicates that Turay has three prior rape convictions. [15] Evidence of a prior conviction for a crime of sexual violence is relevan | 2 | 1999–1999 |
State v. Hammond
green
1 sentence2025Courts “will indulge a presumption against waiver of the right.” Id. | 1 | 2025–2025 |
State v. Madsen
green
1 sentence2017State v. Madsen, 168 Wn.2d 496, 504 , 229 P.3d 714 (2016). | 1 | 2017–2017 |
In Re the Personal Restraint of Rhome
green
2 sentences2017Restraint ofRhome, 172 Wn.2d 654, 665-66 , 260 P.3d 874 (2011). 2 No. 34963-2-III State v. Evatt In granting Mr. Evatt's motion to waive counsel, the court failed to recognize the presumption against waiver of counsel and the nuanced approach applicable in the case of a mentally ill defendant. 2017Restraint ofRhome, 172 Wn.2d 654, 665-66 , 260 P.3d 874 (2011). 2 No. 34963-2-III State v. Evatt In granting Mr. Evatt's motion to waive counsel, the court failed to recognize the presumption against waiver of counsel and the nuanced approach applicable in the case of a mentally ill defendant. | 1 | 2017–2017 |
State v. Lawrence
green
1 sentence2015Courts should engage in a presumption against waiver of the right to counseL Lawrence, 166 Wn. | 1 | 2015–2015 |
Faretta v. California
green
1 sentence2014Additionally, a trial court may terminate pro se status if a defendant "deliberately engages in serious and obstructionist misconduct." Faretta, 422 U.S. at 834 n.46; see also Madsen, 168 Wn.2d at 509 n.4 ("if a defendant is sufficiently disruptive or if delay 25 No.30226-1-II1 State v. Klindworth becomes the chief motive"). | 1 | 2014–2014 |
State v. Garza
green
2 sentences2003Garza, 112 Wash.App. at 321-22 , 48 P.3d 385 . 2003At this point, the presumption against waiver "simply ensures that the court will review the circumstances of the defendant's absence and attempts to contact the court in a generous light." Id. at 322, 48 P.3d 385 . | 1 | 2003–2003 |
Johnson v. Zerbst
green
2 sentences1974(Footnotes omitted.) Johnson v. Zerbst, 304 U.S. 458, 464 , 82 L. 1974(Footnotes omitted.) Johnson v. Zerbst, 304 U.S. 458, 464 , 82 L. | 1 | 1974–1974 |
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.