valid basis challenge (Washington) · Go Syfert
← Washington issues

valid basis challenge in Washington

19 Washington opinions name it 2 courts 1989–2024 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.

Followed or applied (3)

CaseFollowedCited
People v. Vineberggreen
calctapp · 1981 · cited in 2 Washington opinions naming this issue, 1995–1995
2 sentences

1995See People v. Vineberg, 125 Cal. App.3d at 137 , 177 Cal.Rptr. 819 .

1995See People v. Vineberg, 125 Cal. App.3d at 137 , 177 Cal.Rptr. 819 .

22
McDonough Power Equipment, Inc. v. Greenwoodgreen
scotus · 1984 · cited in 14 Washington opinions naming this issue, 1989–2021
2 sentences

2017In McDonough, the Supreme Court held that "to obtain a new trial in such a situation, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause." Id. at 556 .

2011The party seeking a new trial must show that a juror “failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause.” McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 555-56 , 104 S. Ct. 845 , 78 L.

114
In re the Detention of Brotengreen
washctapp · 2005 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016To show misconduct, “a party must prove (1) that ‘a juror failed to answer honestly a material question on voir dire’ and (2) that ‘a correct response would have provided a valid basis for a challenge for cause.’ ” Broten, 130 Wn.

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 (5)

CaseCitedYears
State v. Balisok green
wash · 1994
2 sentences

2010Ed. 2d 663 (1984)). “ ‘A strong, affirmative showing of misconduct is necessary in order to overcome the policy favoring stable and certain verdicts and the secret, frank and free discussion of the evidence by the jury.’ ” Elmore, 162 Wn.2d at 267 (quoting State v. Balisok, 123 Wn.2d 114, 117-18 , 866 P.2d 631 (1994)). ¶28 “In order to receive a new trial, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire and then further show that a correct response would have provided a valid basis for a challenge for cause.” Elmore, 162 Wn.2d at 267 .

2007“A strong, affirmative showing of misconduct is necessary in order to overcome the policy favoring stable and certain verdicts and the secret, frank and free discussion of the evidence by the jury.” State v. Balisok, 123 Wn.2d 114, 117-18 , 866 P.2d 631 (1994). ¶72 In order to receive a new trial, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire and then further show that a correct response would have provided a valid basis for a challenge for cause.

32007–2010
In re the Personal Restraint of Elmore green
wash · 2007
2 sentences

2010Ed. 2d 663 (1984)). “ ‘A strong, affirmative showing of misconduct is necessary in order to overcome the policy favoring stable and certain verdicts and the secret, frank and free discussion of the evidence by the jury.’ ” Elmore, 162 Wn.2d at 267 (quoting State v. Balisok, 123 Wn.2d 114, 117-18 , 866 P.2d 631 (1994)). ¶28 “In order to receive a new trial, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire and then further show that a correct response would have provided a valid basis for a challenge for cause.” Elmore, 162 Wn.2d at 267 .

2010Ed. 2d 663 (1984)). “ ‘A strong, affirmative showing of misconduct is necessary in order to overcome the policy favoring stable and certain verdicts and the secret, frank and free discussion of the evidence by the jury.’ ” Elmore, 162 Wn.2d at 267 (quoting State v. Balisok, 123 Wn.2d 114, 117-18 , 866 P.2d 631 (1994)). ¶28 “In order to receive a new trial, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire and then further show that a correct response would have provided a valid basis for a challenge for cause.” Elmore, 162 Wn.2d at 267 .

22010–2024
State v. Cho green
washctapp · 2001
2 sentences

2017It added that "[t]he motives for concealing information may vary, but only those reasons that affect a juror's impartiality can truly be said to affect the fairness of a trial." Id. 10 As observed in State v. Cho, 108 Wn.

2007McDonough, 464 U.S. at 556 ; Cho, 108 Wn.

22007–2017
In Re Elmore green
wash · 2007
1 sentence

2024Restraint of Elmore, 162 Wn.2d 236, 267 , 172 P.3d 335 (2007).

12024–2024
State v. Boiko green
washctapp · 2007
1 sentence

2018State v. Boiko, 138 Wn.

12018–2018

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (5) WA § Wash. Rev. Code § 4.44.170 (3) WA § Wash. Rev. Code § 4.44.180 (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

IL 60 (1997–2026) GA 34 (1989–2024) KY 21 (1965–2025) WA 19 (1989–2024) MS 15 (1987–2020) VA 13 (1998–2026) TX 13 (1993–2024) UT 13 (1989–2019) OH 10 (2003–2024) MA 9 (1980–2025) IN 9 (1986–2020) ID 8 (1992–2025) CA 7 (1984–2022) VI 6 (1997–2014) MD 6 (1990–2019) DC 6 (1978–2016) FL 4 (1997–2021) NY 4 (1965–1996) AL 4 (1999–2025) VT 4 (1991–2017) DE 4 (1976–2026) WV 3 (2002–2026) ND 3 (1989–2017) NH 3 (1986–2024) NC 3 (1984–2004) OR 3 (2004–2023) WI 3 (1932–2020) ME 3 (1994–2022) WY 2 (2008–2011) SC 2 (2024–2024) NJ 2 (1994–1995) MI 2 (2008–2019) AR 2 (1989–1997) AZ 2 (2020–2023) NV 2 (2017–2017) HI 2 (2007–2017)

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.

← Caselaw search · G Cite Topics · Brief Check