preponderance of the evidence standard (Washington) · Go Syfert
← Washington issues

preponderance of the evidence standard in Washington

128 Washington opinions name it 2 courts 1971–2026 27 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 (24)

CaseFollowedCited
Santosky v. Kramergreen
scotus · 1982 · cited in 7 Washington opinions naming this issue, 1987–2024
2 sentences

2015Id.; In re Welfare of Sego, 82 Wn.2d 736, 738 , 513 P.2d 831 (1973); see also Santosky, 455 U.S. at 754 . 13 In this case, we must determine whether a guardianship established under the new statute requires a heightened standard of proof because its effect is similar to the termination of parental rights or whether the preponderance of the evidence standard is sufficient because the effect of a guardianship under the new statute is the same or similar to guardianships established under the old statute. ¶26 T.P. alleges three important differences in the new statute that should afford parents t

2015See Santosky, 455 U.S. at 763 (noting that the State has a superior ability to prepare its case). ¶46 Because parents are provided significant procedural safeguards and a guardianship order is terminable and modifiable, the preponderance of the evidence standard fairly allocates the risk of an erroneous fact-finding between the State and the parent. 3.

27
State v. Hunleygreen
wash · 2012 · cited in 7 Washington opinions naming this issue, 2015–2023
2 sentences

2023Although “the preponderance of the evidence standard is ‘not overly difficult to meet,’ the State must at least introduce ‘evidence of some kind to support the alleged criminal history.’” Hunley, 175 Wn.2d at 910 (quoting State v. Ford, 137 Wn.2d 472, 480 , 973 P.2d 452 (1999)).

2022While the preponderance of the evidence standard is ‘not overly difficult to meet,’ the State must at least introduce ‘evidence of some kind to support the alleged criminal history.’ Further, unless convicted pursuant to a plea agreement, the defendant has ‘no obligation to present the court with evidence of his criminal history.’ State v. Hunley, 175 Wn.2d at 910 (internal citations omitted).

27
State v. Ammonsgreen
wash · 2005 · cited in 4 Washington opinions naming this issue, 2011–2024
2 sentences

2024The Ammons court held, under a preponderance of the evidence standard, “the identity 14 84550-1-I/15 of names is sufficient proof” to support the sentence enhancement, but a defendant could rebut that evidence with a “declaration under oath that he is not the same person named in the prior conviction.” Id. at 190 .

2012You’re entitled, certainly, to make any comments here in court that you want me to listen to and consider in imposing a sentence.” RP at 305-06. ¶17 Second, Ammons held that “the beyond a reasonable doubt standard is not required and affirm [ed] the SRA’s adoption of a preponderance of the evidence standard.” Ammons, 105 Wn.2d at 185 .

24
In Re the Detention of LaBellegreen
wash · 1986 · cited in 3 Washington opinions naming this issue, 2005–2016
2 sentences

2016When we review factual findings that must be proved by clear, cogent, and convincing evidence, as here, “the fact at issue must be shown to be ‘highly probable.’ "Dobbs, 180 Wn.2d at 11 (quoting In re Welfare of Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)); Mason, 160 Wn.2d at 926-27 (declining to adopt a preponderance of the evidence standard of proof); In re Det. of LaBelle, 107 Wn.2d 196, 209 , 728 P.2d 138 (1986) (“[W]here the State must prove its case by clear, cogent and convincing evidence, the evidence must be more substantial than in the ordinary civil case in which proof need only

2016When we review factual findings that must be proved by clear, cogent, and convincing evidence, as here, “the fact at issue must be shown to be ‘highly probable.’ "Dobbs, 180 Wn.2d at 11 (quoting In re Welfare of Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)); Mason, 160 Wn.2d at 926-27 (declining to adopt a preponderance of the evidence standard of proof); In re Det. of LaBelle, 107 Wn.2d 196, 209 , 728 P.2d 138 (1986) (“[W]here the State must prove its case by clear, cogent and convincing evidence, the evidence must be more substantial than in the ordinary civil case in which proof need only

23
Hauswirth v. Department of Social & Health Servicesgreen
washctapp · 1996 · cited in 2 Washington opinions naming this issue, 2015–2015
22
Humphries v. County of Los Angelesgreen
ca9 · 2009 · cited in 2 Washington opinions naming this issue, 2009–2009
22
In re the Personal Restraint of Hallgreen
wash · 2008 · cited in 2 Washington opinions naming this issue, 2008–2008
22
In Re the Estate of Petersgreen
wash · 1953 · cited in 2 Washington opinions naming this issue, 2004–2004
22
In Re Gardner's Estategreen
wash · 1966 · cited in 2 Washington opinions naming this issue, 2004–2004
22
Johnson v. Board of Governors of Registered Dentistsgreen
okla · 1996 · cited in 2 Washington opinions naming this issue, 2001–2001
22
Nguyen v. Department of Healthgreen
wash · 2001 · cited in 5 Washington opinions naming this issue, 2009–2021
2 sentences

2009Bonneville is wrong on the standard the hearing examiner used; he actually applied a preponderance of the evidence standard. ¶34 Most civil cases apply the preponderance standard, but "the more important the decision, the higher the burden of proof." Mansour v. King County, 131 Wash.App. 255, 265-66 , 128 P.3d 1241 (2006) (citing Nguyen v. Dep't of Health, 144 Wash.2d 516, 524 , 29 P.3d 689 (2001)).

2009“Thus, the more important the decision, the higher the burden of proof.” Nguyen, 144 Wn.2d at 524 . ¶35 At the low end of the protective spectrum is the preponderance of the evidence standard traditionally used in civil actions for damages, in which litigants “ ‘share the risk of error in roughly equal fashion’ ” because society has minimal interest in the outcome of these private disputes.

15
Addington v. Texasgreen
scotus · 1979 · cited in 4 Washington opinions naming this issue, 1984–2011
2 sentences

2011According to the legislature, the preponderance of the evidence standard was the proper evidentiary burden to place on the Department. ¶ 11 Hardee argues that constitutional due process requires a clear and convincing evidentiary standard. [7] "The function of a standard of proof ... is to `instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.'" Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804 , 60 L.Ed.2d 323 (1979) (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct.

2011According to the legislature, the preponderance of the evidence standard was the proper evidentiary burden to place on the Department. ¶ 11 Hardee argues that constitutional due process requires a clear and convincing evidentiary standard. [7] "The function of a standard of proof ... is to `instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.'" Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804 , 60 L.Ed.2d 323 (1979) (quoting In re Winship, 397 U.S. 358, 370 , 90 S.Ct.

14
In Re WINSHIPgreen
scotus · 1970 · cited in 3 Washington opinions naming this issue, 2011–2019
2 sentences

2019In Winship , the United States Supreme Court held the preponderance of the evidence standard was insufficient to convict a juvenile of a crime, reasoning that " '[g]uilt in a criminal case must be proved beyond a reasonable doubt' " as those rules were " 'developed to safeguard men from dubious and unjust convictions, with resulting forfeitures of life, liberty and property.' " 397 U.S. at 362 , 90 S.Ct. 1068 (alteration in original) (quoting Brinegar v. United States , 338 U.S. 160 , 174, 69 S. Ct. 1302 , 93 L.Ed. 1879 (1949) ); see also State v. Watkins, 191 Wash.2d 530 , 537, 423 P.3d 830 (

2019In Winship , the United States Supreme Court held the preponderance of the evidence standard was insufficient to convict a juvenile of a crime, reasoning that " '[g]uilt in a criminal case must be proved beyond a reasonable doubt' " as those rules were " 'developed to safeguard men from dubious and unjust convictions, with resulting forfeitures of life, liberty and property.' " 397 U.S. at 362 , 90 S.Ct. 1068 (alteration in original) (quoting Brinegar v. United States , 338 U.S. 160 , 174, 69 S. Ct. 1302 , 93 L.Ed. 1879 (1949) ); see also State v. Watkins, 191 Wash.2d 530 , 537, 423 P.3d 830 (

13
Strickland v. Washingtongreen
scotus · 1984 · cited in 2 Washington opinions naming this issue, 2024–2024
2 sentences

2024Id. (“The result of a proceeding can be rendered unreliable, and hence . . . unfair, even if the errors of counsel cannot be shown by a preponderance of the evidence to have determined the outcome.”); State v. Estes, 188 Wn.2d 450 , 458, 395 P.3d 1045 (2017) (“‘reasonable probability’ is lower than a preponderance standard” (emphasis added) (citing Strickland, 466 U.S. at 694 ; State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015))). 6 State v. Bertrand (Andrew Wesley), No. 100953-4 (Gordon McCloud, J., concurring in result of dissent) Bertrand showed just such prejudice from his trial lawy

2024Id. (“The result of a proceeding can be rendered unreliable, and hence . . . unfair, even if the errors of counsel cannot be shown by a preponderance of the evidence to have determined the outcome.”); State v. Estes, 188 Wn.2d 450 , 458, 395 P.3d 1045 (2017) (“‘reasonable probability’ is lower than a preponderance standard” (emphasis added) (citing Strickland, 466 U.S. at 694 ; State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015))). 6 State v. Bertrand (Andrew Wesley), No. 100953-4 (Gordon McCloud, J., concurring in result of dissent) Bertrand showed just such prejudice from his trial lawy

12
Department of Social & Health Services v. T.P.green
wash · 2015 · cited in 2 Washington opinions naming this issue, 2016–2024
2 sentences

2024App. 530, 537 , 731 P.2d 537 (1987); see also In re Welfare of A.W., 182 Wn.2d 689, 710 , 344 P.3d 1186 (2015) (holding the preponderance of the evidence standard was constitutionally adequate in the guardianship statutes).

2016W, 182 Wn.2d 689 , 701-7l0, 344 P.3d 1186 (2015) (discussing dependencies in holding that the preponderance of the evidence standard in the guardianship statute satisfies due process); In re Marriage of Wehr, 165 Wn.

12
Schermer v. Department of Social & Health Servicesgreen
wash · 2007 · cited in 2 Washington opinions naming this issue, 2011–2016
2 sentences

2016See in re Dependency a/Schermer, 161 Wn.2d 927, 942-943 , 169 P.3d 452 (2007); In re Welfare 0/J.K., 49 Wn.

2011Schermer, 161 Wn.2d at 942 ; Chubb, 46 Wn.

12
State v. Paulgreen
washctapp · 1992 · cited in 2 Washington opinions naming this issue, 2012–2015
2 sentences

2015The preponderance of the evidence standard is a burden of persuasion, and its purpose “is to define how certain the trier of fact must be before resolving an issue of fact in favor of the party having the burden of proof.” Paul, 64 Wn.

2012App. 801, 805 , 828 P.2d 594 (1992) (holding that the standard for determining a petition for conditional release is the preponderance of the evidence standard); Hurst, 173 Wn.2d at 604-05 (holding that the standard of proof required to commit an incompetent criminal defendant charged with a felony to a third mental health treatment and restoration period is the preponderance of the evidence standard).

12
In Re Personal Restraint of Hallgreen
wash · 2008 · cited in 2 Washington opinions naming this issue, 2008–2008
12
State v. Hughesred
wash · 2005 · cited in 2 Washington opinions naming this issue, 2005–2005
12
State v. Braselgreen
washctapp · 1981 · cited in 2 Washington opinions naming this issue, 2005–2005
12
State v. Hughesred
wash · 2005 · cited in 2 Washington opinions naming this issue, 2005–2005
12
People in Interest of AMDgreen
colo · 1982 · cited in 2 Washington opinions naming this issue, 1987–1987
12
Erlinger v. United Statesgreen
scotus · 2024 · cited in 1 Washington opinions naming this issue, 2025–2025
11
United States v. Juan Manuel Ibarragreen
ca9 · 1984 · cited in 1 Washington opinions naming this issue, 2021–2021
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 (56)

CaseCitedYears
In Re Welfare of Sego green
wash · 1973
2 sentences

2024“Clear, cogent, and convincing evidence exists when the ultimate fact in issue is shown by the evidence to be ‘highly probable.’” In re Dependency of K.R., 128 Wn.2d 129, 141 , 904 P.2d 1132 (1995) (quoting In re Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)) (internal quotation marks omitted). 5 “The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.” In re Dependency of H.W., 92 Wn.

2024“Clear, cogent, and convincing evidence exists when the ultimate fact in issue is shown by the evidence to be ‘highly probable.’” In re Dependency of K.R., 128 Wn.2d 129, 141 , 904 P.2d 1132 (1995) (quoting In re Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)) (internal quotation marks omitted). 5 “The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.” In re Dependency of H.W., 92 Wn.

91998–2024
Mohr v. Grant green
wash · 2005
2 sentences

2026RCW 71.05.240(4)(a). “ ‘The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.’ ” State v. Arredondo, 188 Wn.2d 244 , 257, 394 P.3d 348 (2017) (quoting Mohr v. Grant, 153 Wn.2d 812, 822 , 108 P.3d 768 (2005)).

2025“The State bears the burden of showing a knowing, voluntary, and intelligent waiver of Miranda rights by a preponderance of the evidence.” State v. Athan, 160 Wn.2d 354, 380 , 158 P.3d 27 (2007). “ ‘The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.’ ” State v. Arredondo, 188 Wn.2d 244 , 257, 394 P.3d 348 (2017) (quoting Mohr v. Grant, 153 Wn.2d 812, 822 , 108 P.3d 768 (2005)).

72015–2026
State v. Ford green
wash · 1999
2 sentences

2023Although “the preponderance of the evidence standard is ‘not overly difficult to meet,’ the State must at least introduce ‘evidence of some kind to support the alleged criminal history.’” Hunley, 175 Wn.2d at 910 (quoting State v. Ford, 137 Wn.2d 472, 480 , 973 P.2d 452 (1999)).

2021“While the preponderance of the evidence standard is ‘not overly difficult to meet,’ the State must at least introduce ‘evidence of some kind to support the alleged criminal history.’” Hunley, 175 Wn.2d at 910 (quoting State v. Ford, 137 Wn.2d 472, 480 , 973 P.2d 452 (1999)).

72000–2023
Mohr v. Grant green
wash · 2005
2 sentences

2026RCW 71.05.240(4)(a). “ ‘The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.’ ” State v. Arredondo, 188 Wn.2d 244 , 257, 394 P.3d 348 (2017) (quoting Mohr v. Grant, 153 Wn.2d 812, 822 , 108 P.3d 768 (2005)).

2025“The State bears the burden of showing a knowing, voluntary, and intelligent waiver of Miranda rights by a preponderance of the evidence.” State v. Athan, 160 Wn.2d 354, 380 , 158 P.3d 27 (2007). “ ‘The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.’ ” State v. Arredondo, 188 Wn.2d 244 , 257, 394 P.3d 348 (2017) (quoting Mohr v. Grant, 153 Wn.2d 812, 822 , 108 P.3d 768 (2005)).

62015–2026
Nguyen v. STATE HEALTH MED. QUALITY ASSUR. green
wash · 2001
2 sentences

2009Bonneville is wrong on the standard the hearing examiner used; he actually applied a preponderance of the evidence standard. ¶34 Most civil cases apply the preponderance standard, but "the more important the decision, the higher the burden of proof." Mansour v. King County, 131 Wash.App. 255, 265-66 , 128 P.3d 1241 (2006) (citing Nguyen v. Dep't of Health, 144 Wash.2d 516, 524 , 29 P.3d 689 (2001)).

2009"Thus, the more important the decision, the higher the burden of proof." Nguyen, 144 Wash.2d at 524 , 29 P.3d 689 . ¶ 35 At the low end of the protective spectrum is the preponderance of the evidence standard traditionally used in civil actions for damages, in which litigants "`share the risk of error in roughly equal fashion'" because society has minimal interest in the outcome of these private disputes.

52006–2011
Department of Social & Health Services v. Bissett green
washctapp · 1998
2 sentences

2024“Clear, cogent, and convincing evidence exists when the ultimate fact in issue is shown by the evidence to be ‘highly probable.’” In re Dependency of K.R., 128 Wn.2d 129, 141 , 904 P.2d 1132 (1995) (quoting In re Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)) (internal quotation marks omitted). 5 “The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.” In re Dependency of H.W., 92 Wn.

2024“Clear, cogent, and convincing evidence exists when the ultimate fact in issue is shown by the evidence to be ‘highly probable.’” In re Dependency of K.R., 128 Wn.2d 129, 141 , 904 P.2d 1132 (1995) (quoting In re Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)) (internal quotation marks omitted). 5 “The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.” In re Dependency of H.W., 92 Wn.

42013–2024
Chubb v. Department of Social & Health Services green
washctapp · 1987
2 sentences

2024App. 530, 537 , 731 P.2d 537 (1987); see also In re Welfare of A.W., 182 Wn.2d 689, 710 , 344 P.3d 1186 (2015) (holding the preponderance of the evidence standard was constitutionally adequate in the guardianship statutes).

2011Schermer, 161 Wn.2d at 942 ; Chubb, 46 Wn.

41992–2024
Hardee v. Department of Social & Health Services green
wash · 2011
2 sentences

2014During its September 2011 meeting, the Board considered changing its regulation to require a preponderance of the evidence standard of proof in light of our decision in Hardee v. Dep 't of Soc. & Health Servs., 172 Wn.2d 1 , 256 P.3d 339 (2011).

2014During its September 2011 meeting, the Board considered changing its regulation to require a preponderance of the evidence standard of proof in light of our decision in Hardee v. Dep 't of Soc. & Health Servs., 172 Wn.2d 1 , 256 P.3d 339 (2011).

42014–2023
State v. Ford green
wash · 1999
2 sentences

2023Although “the preponderance of the evidence standard is ‘not overly difficult to meet,’ the State must at least introduce ‘evidence of some kind to support the alleged criminal history.’” Hunley, 175 Wn.2d at 910 (quoting State v. Ford, 137 Wn.2d 472, 480 , 973 P.2d 452 (1999)).

2021“While the preponderance of the evidence standard is ‘not overly difficult to meet,’ the State must at least introduce ‘evidence of some kind to support the alleged criminal history.’” Hunley, 175 Wn.2d at 910 (quoting State v. Ford, 137 Wn.2d 472, 480 , 973 P.2d 452 (1999)).

42000–2023
State v. Bertrand green
wash · 2024
2 sentences

2026Id.

2025Id.

32025–2026
State v. Guloy green
wash · 1985
2 sentences

2026State v. Guloy, 104 Wn.2d 412, 420 , 705 P.2d 1182 (1985).

1995Although there is language to this eifect in State v. Dictado, 102 Wn.2d 277, 284 , 687 P.2d 172 (1984), Guloy , which was decided after Dictado , clearly holds that the preponderance of the evidence standard is to be used in determining whether a defendant is a member of a conspiracy. 104 Wn.2d at 420 .

31995–2026
In Re the Marriage of Wehr neutral
washctapp · 2011
2 sentences

2024The parent attempting to rebut the presumption must meet a preponderance of the evidence standard, under the theory that “both parents in a relocation dispute have a substantial right to parent their child.” In re Marriage of Wehr, 165 Wn.

2016W, 182 Wn.2d 689 , 701-7l0, 344 P.3d 1186 (2015) (discussing dependencies in holding that the preponderance of the evidence standard in the guardianship statute satisfies due process); In re Marriage of Wehr, 165 Wn.

32015–2024
Thompson v. Department of Licensing green
wash · 1999
2 sentences

2010And under WAC 415-08-420, "[t]he person appealing or requesting a hearing shall have the burden of proof in the matter." This rule places the burden on Fox to prove by a preponderance of the evidence that he worked the requisite number of hours over five consecutive months. [6] See Thompson v. State Dep't of Licensing, 138 Wash.2d 783, 797 , 982 P.2d 601 (1999) (unless a statute or due process requires a different quantum of proof, the preponderance of the evidence standard applies to resolve disputes in administrative proceedings).

2009And under WAC 415-08-420, “[t]he person appealing or requesting a hearing shall have the burden of proof in the matter.” This rule places the burden on Fox to prove by a preponderance of the evidence that he worked the requisite number of hours over five consecutive months. 6 See Thompson v. Dep’t of Licensing, 138 Wn.2d 783, 797 , 982 P.2d 601 (1999) (unless a statute or due process requires a different quantum of proof, the preponderance of the evidence standard applies to resolve disputes in administrative proceedings).

32009–2019
Thompson v. State Dept. of Licensing green
wash · 1999
2 sentences

2010And under WAC 415-08-420, "[t]he person appealing or requesting a hearing shall have the burden of proof in the matter." This rule places the burden on Fox to prove by a preponderance of the evidence that he worked the requisite number of hours over five consecutive months. [6] See Thompson v. State Dep't of Licensing, 138 Wash.2d 783, 797 , 982 P.2d 601 (1999) (unless a statute or due process requires a different quantum of proof, the preponderance of the evidence standard applies to resolve disputes in administrative proceedings).

2009And under WAC 415-08-420, “[t]he person appealing or requesting a hearing shall have the burden of proof in the matter.” This rule places the burden on Fox to prove by a preponderance of the evidence that he worked the requisite number of hours over five consecutive months. 6 See Thompson v. Dep’t of Licensing, 138 Wn.2d 783, 797 , 982 P.2d 601 (1999) (unless a statute or due process requires a different quantum of proof, the preponderance of the evidence standard applies to resolve disputes in administrative proceedings).

32009–2019
Cooper v. Oklahoma green
scotus · 1996
2 sentences

2010The use of a preponderance of the evidence standard for determination of incompetency is in accord with the United State Supreme Court's holding in Cooper v. Oklahoma, 517 U.S. 348 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996) (overruling Oklahoma statute that imposed clear and convincing standard of proof on a defendant who asserts incompetency). [9] U.S. CONST.

2010The use of a preponderance of the evidence standard for determination of incompetency is in accord with the United State Supreme Court's holding in Cooper v. Oklahoma, 517 U.S. 348 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996) (overruling Oklahoma statute that imposed clear and convincing standard of proof on a defendant who asserts incompetency). [9] U.S. CONST.

32010–2012
Mansour v. King County green
washctapp · 2006
2 sentences

2009Bonneville is wrong on the standard the hearing examiner used; he actually applied a preponderance of the evidence standard. ¶34 Most civil cases apply the preponderance standard, but "the more important the decision, the higher the burden of proof." Mansour v. King County, 131 Wash.App. 255, 265-66 , 128 P.3d 1241 (2006) (citing Nguyen v. Dep't of Health, 144 Wash.2d 516, 524 , 29 P.3d 689 (2001)).

2008Bonneville is wrong on the standard the hearing examiner used; he actually applied a preponderance of the evidence standard. ¶34 Most civil cases apply the preponderance standard, but “the more important the decision, the higher the burden of proof.” Mansour v. King County, 131 Wn.

32008–2011
In Re KR green
wash · 1995
2 sentences

2024“Clear, cogent, and convincing evidence exists when the ultimate fact in issue is shown by the evidence to be ‘highly probable.’” In re Dependency of K.R., 128 Wn.2d 129, 141 , 904 P.2d 1132 (1995) (quoting In re Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)) (internal quotation marks omitted). 5 “The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.” In re Dependency of H.W., 92 Wn.

2024“Clear, cogent, and convincing evidence exists when the ultimate fact in issue is shown by the evidence to be ‘highly probable.’” In re Dependency of K.R., 128 Wn.2d 129, 141 , 904 P.2d 1132 (1995) (quoting In re Sego, 82 Wn.2d 736, 739 , 513 P.2d 831 (1973)) (internal quotation marks omitted). 5 “The preponderance of the evidence standard requires that the evidence establish the proposition at issue is more probably true than not true.” In re Dependency of H.W., 92 Wn.

22024–2024
Brinegar v. United States green
scotus · 1949
2 sentences

2019In Winship , the United States Supreme Court held the preponderance of the evidence standard was insufficient to convict a juvenile of a crime, reasoning that " '[g]uilt in a criminal case must be proved beyond a reasonable doubt' " as those rules were " 'developed to safeguard men from dubious and unjust convictions, with resulting forfeitures of life, liberty and property.' " 397 U.S. at 362 , 90 S.Ct. 1068 (alteration in original) (quoting Brinegar v. United States , 338 U.S. 160 , 174, 69 S. Ct. 1302 , 93 L.Ed. 1879 (1949) ); see also State v. Watkins, 191 Wash.2d 530 , 537, 423 P.3d 830 (

2019In Winship , the United States Supreme Court held the preponderance of the evidence standard was insufficient to convict a juvenile of a crime, reasoning that " '[g]uilt in a criminal case must be proved beyond a reasonable doubt' " as those rules were " 'developed to safeguard men from dubious and unjust convictions, with resulting forfeitures of life, liberty and property.' " 397 U.S. at 362 , 90 S.Ct. 1068 (alteration in original) (quoting Brinegar v. United States , 338 U.S. 160 , 174, 69 S. Ct. 1302 , 93 L.Ed. 1879 (1949) ); see also State v. Watkins, 191 Wash.2d 530 , 537, 423 P.3d 830 (

22019–2019
In Re the Welfare of Hall green
wash · 1983
2 sentences

2019In re Hall, 99 Wn.2d 842, 849 , 664 P.2d 1245 (1983).

2019In re Hall, 99 Wn.2d 842, 849 , 664 P.2d 1245 (1983).

22015–2019
Mathews v. Eldridge green
scotus · 1976
22014–2014
DeLuca v. New York State & Local Employees' Retirement System green
nyappdiv · 2008
22009–2010
Mansour v. King County green
washctapp · 2006
22008–2009
State v. Womac green
wash · 2007
22008–2008
State v. Womac green
wash · 2007
22008–2008
State v. Pillatos green
wash · 2007
22008–2008
Blakely v. Washington green
scotus · 2004
22007–2007
Apprendi v. New Jersey green
scotus · 2000
22007–2007
State v. Ortega green
washctapp · 2004
22006–2006
State v. Wilcox green
wash · 1979
22005–2005
State v. D.H. green
washctapp · 2000
22005–2005
Born v. Thompson green
washctapp · 2003
22005–2005
Camer v. Seattle Post-Intelligencer green
washctapp · 1986
22005–2005
Jones v. United States green
scotus · 1983
22005–2005
Dunner v. McLaughlin green
wash · 1984
22005–2005
State v. Taylor green
wash · 1982
22005–2005
In Re the Estate of Neubert green
wash · 1962
22004–2004
Culpepper v. Snohomish County Department of Planning neutral
washctapp · 1990
22001–2001
In re the Detention of M.K. green
washctapp · 2012
12026–2026
Alleyne v. United States green
· 2013
12025–2025
State v. Broadaway green
wash · 1997
12025–2025

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (30) WA § Wash. Rev. Code § 13.34.130 (13) WA § Wash. Rev. Code § 13.34.180 (12) WA § Wash. Rev. Code § 34.05.570 (12) WA § Wash. Rev. Code § 13.34.190 (10) WA § Wash. Rev. Code § 9.94A.530 (10) WA § Wash. Rev. Code § 13.34.030 (9) WA § Wash. Rev. Code § 13.40.020 (7) WA § Wash. Rev. Code § 9.94A.500 (7) WA § Wash. Rev. Code § 18.130.180 (6) WA § Wash. Rev. Code § 9.94A.030 (5) WA § Wash. Rev. Code § 9A.04.110 (5)

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

TX 474 (1939–2026) CA 349 (1967–2026) PA 323 (1982–2026) TN 300 (1980–2026) IL 168 (1967–2026) MI 137 (1980–2026) KY 132 (1978–2026) WA 128 (1971–2026) GA 126 (1983–2026) VA 124 (1922–2025) OH 117 (1984–2026) NC 91 (1982–2026) CO 88 (1982–2026) MD 87 (1971–2026) NY 87 (1973–2026) SC 83 (1909–2026) NJ 82 (1975–2026) FL 76 (1963–2026) LA 64 (1977–2019) CT 64 (1975–2026) WV 59 (1982–2026) UT 48 (1981–2025) MN 47 (1973–2026) KS 46 (1993–2026) DC 45 (1970–2026) AZ 39 (1981–2025) WY 39 (1979–2026) AK 36 (1977–2025) MA 36 (1978–2025) MO 36 (1993–2025) IN 36 (1980–2026) DE 34 (1972–2026) OR 31 (1975–2024) ME 29 (1974–2023) NV 28 (1980–2025) IA 28 (1980–2025) NM 28 (1978–2023) WI 27 (1981–2025) HI 27 (1989–2026) SD 23 (1975–2026) VT 22 (1983–2021) ND 18 (1981–2023) NH 18 (1982–2024) OK 17 (1976–2024) AL 16 (1992–2017) MS 16 (1988–2026) ID 13 (1992–2022) AR 11 (1955–2024) NE 10 (1985–2023) MT 9 (1973–2022) RI 5 (1991–2026) VI 3 (2011–2015)

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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