120 Washington opinions name it 2 courts 1979–2026 17 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. Berlingreen2 sentences2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. 2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. | 7 | 23 |
State v. Wardgreen2 sentences2010RCW 9.41.270(1); RCW 9A.36.011; Ward, 125 Wash.App. at 248 , 104 P.3d 670 ; see, e.g., Fowler, 114 Wash.2d at 67 , 785 P.2d 808 . ¶ 47 Under the factual prong of the Workman test, to justify a lesser included offense instruction for unlawful display of a weapon, the evidence must support an inference that Crace only displayed the sword and that he had no intent to create reasonable fear or apprehension of bodily injury, i.e., that he committed only the lesser offense. 2010RCW 9.41.270(1); RCW 9A.36.011; Ward, 125 Wash.App. at 248 , 104 P.3d 670 ; see, e.g., Fowler, 114 Wash.2d at 67 , 785 P.2d 808 . ¶ 47 Under the factual prong of the Workman test, to justify a lesser included offense instruction for unlawful display of a weapon, the evidence must support an inference that Crace only displayed the sword and that he had no intent to create reasonable fear or apprehension of bodily injury, i.e., that he committed only the lesser offense. | 3 | 3 |
| State v. Marklegreen | 3 | 3 |
State v. Workmangreen2 sentences2023Instead, the giving of a lesser included offense instruction is determined by the two-pronged Workman test: “(1) each of the elements of the lesser offense is a necessary element of the offense charged (legal prong) and (2) evidence in the case supports an inference that the lesser crime was committed (factual prong).” Id. at 400 (citing Workman, 90 Wn.2d at 447-48 ). 2023Instead, the giving of a lesser included offense instruction is determined by the two-pronged Workman test: “(1) each of the elements of the lesser offense is a necessary element of the offense charged (legal prong) and (2) evidence in the case supports an inference that the lesser crime was committed (factual prong).” Id. at 400 (citing Workman, 90 Wn.2d at 447-48 ). | 2 | 36 |
State v. Berlingreen2 sentences2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. 2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. | 2 | 17 |
State v. Condongreen2 sentences2024However, under the factual prong of the Workman analysis, the evidence must support an inference “that only the lesser offense was committed, to the exclusion of the greater, charged offense.” Condon, 182 Wn.2d at 316 . 2024However, under the factual prong of the Workman analysis, the evidence must support an inference “that only the lesser offense was committed, to the exclusion of the greater, charged offense.” Condon, 182 Wn.2d at 316 . | 2 | 11 |
State v. Tamalinigreen2 sentences2003Moreover, Tamalini, 134 Wn.2d at 729 , relied on State v. Davis, 121 Wn.2d 1, 6 , 846 P.2d 527 (1993), which, like State v. Curran, 116 Wn.2d 174 , 804 P.2d 558 (1991), and State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), was overruled in Berlin in favor of a return to the Workman standard. 2003Moreover, Tamalini relied on State v. Davis, 121 Wash.2d 1, 6 , 846 P.2d 527 (1993) ( 134 Wash.2d at 729 , 953 P.2d 450 ), which, like State v. Curran, 116 Wash.2d 174 , 804 P.2d 558 (1991), and State v. Lucky, 128 Wash.2d 727 , 912 P.2d 483 (1996), was overruled in Berlin in favor of a return to the Workman standard. | 2 | 6 |
State v. Acklesgreen2 sentences2015Berlin, 133 Wn.2d at 546 (citing State v. Ackles, 8 Wash. 462,464 , 36 P. 597 (1894)). 2015Berlin, 133 Wn.2d at 546 (citing State v. Ackles, 8 Wash. 462,464 , 36 P. 597 (1894)). | 2 | 5 |
State v. Huyen Bich Nguyengreen2 sentences2011See Nguyen, 165 Wn.2d at 435 (“[A]ll of the elements of RCW 46.61.504 (physical control while under the influence) fall within the elements of RCW 46.61.502 (DUI), thus satisfying the legal prong of the Workman test.”). 2011See Nguyen, 165 Wn.2d at 435 (“[A]ll of the elements of RCW 46.61.504 (physical control while under the influence) fall within the elements of RCW 46.61.502 (DUI), thus satisfying the legal prong of the Workman test.”). | 2 | 3 |
| State v. Fowlergreen | 2 | 2 |
| State v. Smithgreen | 2 | 2 |
| Beck v. Alabamagreen | 2 | 2 |
State v. Fernandez-Medinagreen2 sentences2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins 2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins | 1 | 20 |
State v. Luckyred2 sentences2015In Berlin we were asked to overrule our holding in State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), that the legal prong of the Workman test could not be met unless the elements of the lesser crime were included in every statutory alternative of the charged crime, regardless of whether any of the alternatives were actually charged. 2015In Berlin we were asked to overrule our holding in State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), that the legal prong of the Workman test could not be met unless the elements of the lesser crime were included in every statutory alternative of the charged crime, regardless of whether any of the alternatives were actually charged. | 1 | 9 |
State v. Hendersongreen2 sentences2026“The court typically ‘err[s] on the side of instructing juries on lesser included offenses.’” Id. (alteration in original) (quoting State v. Henderson, 182 Wn.2d 734, 736 , 344 P.3d 1207 (2015)) The State concedes that the legal prong of the Workman test was met here but argues that the factual prong was not. 2026“The court typically ‘err[s] on the side of instructing juries on lesser included offenses.’” Id. (alteration in original) (quoting State v. Henderson, 182 Wn.2d 734, 736 , 344 P.3d 1207 (2015)) The State concedes that the legal prong of the Workman test was met here but argues that the factual prong was not. | 1 | 8 |
State v. Roybalgreen2 sentences1985In State v. Roybal, 82 Wn.2d 577 , 512 P.2d 718 (1973), the pre- Workman rule was succinctly stated at page 583 as follows: A lesser included offense exists when all of the elements of the lesser offense are necessary elements of the greater offense. 1985In State v. Roybal, 82 Wn.2d 577 , 512 P.2d 718 (1973), the pre- Workman rule was succinctly stated at page 583 as follows: A lesser included offense exists when all of the elements of the lesser offense are necessary elements of the greater offense. | 1 | 5 |
State v. Tamalinigreen2 sentences2018State v. Tamalini, 134 Wn.2d 725, 732 , 953 P.2d 450 (1998). 2003Moreover, Tamalini relied on State v. Davis, 121 Wash.2d 1, 6 , 846 P.2d 527 (1993) ( 134 Wash.2d at 729 , 953 P.2d 450 ), which, like State v. Curran, 116 Wash.2d 174 , 804 P.2d 558 (1991), and State v. Lucky, 128 Wash.2d 727 , 912 P.2d 483 (1996), was overruled in Berlin in favor of a return to the Workman standard. | 1 | 4 |
State v. Stevensgreen2 sentences2019Relevant here is the second definition of assault, an unlawful touching with criminal intent,3 which “‘[u]nlike other forms of assault, . . . does not require proof of specific intent to cause apprehension or inflict substantial bodily harm.’” State v. Cardenas-Flores, 189 Wn.2d 243 , 266, 401 P.3d 19 (2017) (quoting Stevens, 158 Wn.2d at 314 (Madsen, J., dissenting)). “‘Instead, assault by actual battery 3 We do not decide whether fourth degree assault would meet the legal prong of the Workman test under either of the two remaining definitions because Headrick argues only that the evidence at 2019Relevant here is the second definition of assault, an unlawful touching with criminal intent,3 which “‘[u]nlike other forms of assault, . . . does not require proof of specific intent to cause apprehension or inflict substantial bodily harm.’” State v. Cardenas-Flores, 189 Wn.2d 243 , 266, 401 P.3d 19 (2017) (quoting Stevens, 158 Wn.2d at 314 (Madsen, J., dissenting)). “‘Instead, assault by actual battery 3 We do not decide whether fourth degree assault would meet the legal prong of the Workman test under either of the two remaining definitions because Headrick argues only that the evidence at | 1 | 3 |
State v. Aumickgreen2 sentences2015See Aumick, 126 Wn.2d at 426-27 . 2015See Aumick, 126 Wn.2d at 426-27 . | 1 | 3 |
| State v. Coryellgreen | 1 | 2 |
| State v. Bertrandgreen | 1 | 1 |
| State v. Griergreen | 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. Fernandez-Medina
green
2 sentences2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins 2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins | 16 | 2009–2024 |
State v. Lucky
red
2 sentences2015In Berlin we were asked to overrule our holding in State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), that the legal prong of the Workman test could not be met unless the elements of the lesser crime were included in every statutory alternative of the charged crime, regardless of whether any of the alternatives were actually charged. 2015In Berlin we were asked to overrule our holding in State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), that the legal prong of the Workman test could not be met unless the elements of the lesser crime were included in every statutory alternative of the charged crime, regardless of whether any of the alternatives were actually charged. | 9 | 1999–2015 |
State v. Davis
green
2 sentences2003Moreover, Tamalini, 134 Wn.2d at 729 , relied on State v. Davis, 121 Wn.2d 1, 6 , 846 P.2d 527 (1993), which, like State v. Curran, 116 Wn.2d 174 , 804 P.2d 558 (1991), and State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), was overruled in Berlin in favor of a return to the Workman standard. 2003Moreover, Tamalini, 134 Wn.2d at 729 , relied on State v. Davis, 121 Wn.2d 1, 6 , 846 P.2d 527 (1993), which, like State v. Curran, 116 Wn.2d 174 , 804 P.2d 558 (1991), and State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), was overruled in Berlin in favor of a return to the Workman standard. | 9 | 1995–2005 |
State v. Curran
green
2 sentences2003Moreover, Tamalini, 134 Wn.2d at 729 , relied on State v. Davis, 121 Wn.2d 1, 6 , 846 P.2d 527 (1993), which, like State v. Curran, 116 Wn.2d 174 , 804 P.2d 558 (1991), and State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), was overruled in Berlin in favor of a return to the Workman standard. 2003Moreover, Tamalini, 134 Wn.2d at 729 , relied on State v. Davis, 121 Wn.2d 1, 6 , 846 P.2d 527 (1993), which, like State v. Curran, 116 Wn.2d 174 , 804 P.2d 558 (1991), and State v. Lucky, 128 Wn.2d 727 , 912 P.2d 483 (1996), was overruled in Berlin in favor of a return to the Workman standard. | 8 | 1994–2003 |
State v. Laplant
green
2 sentences2017Under the Workman test, a party is entitled to an inferior degree offense instruction if “(1) each of the elements of the lesser offense is a necessary element of the offense charged (legal prong) and (2) the evidence in the case supports an inference that only the lesser crime was committed (factual prong).” State v. LaPlant, 157 Wn. 2017Under the Workman test, a party is entitled to an inferior degree offense instruction if “(1) each of the elements of the lesser offense is a necessary element of the offense charged (legal prong) and (2) the evidence in the case supports an inference that only the lesser crime was committed (factual prong).” State v. LaPlant, 157 Wn. | 6 | 2013–2021 |
State v. Porter
green
2 sentences2019To determine whether the factual component of the Workman test is satisfied, we analyze whether the evidence “‘affirmatively establish{esj the defendant’s theory of the case—it is not enough that the jury might disbelieve the evidence pointing to guilt.” Porter, 150 Wn.2d at 737 (quoting Fernandez Medina, 141 Wn.2d at456). 2019To determine whether the factual component of the Workman test is satisfied, we analyze whether the evidence “‘affirmatively establish{esj the defendant’s theory of the case—it is not enough that the jury might disbelieve the evidence pointing to guilt.” Porter, 150 Wn.2d at 737 (quoting Fernandez Medina, 141 Wn.2d at456). | 6 | 2006–2019 |
State v. Porter
green
2 sentences2019State v. Porter, 150 Wn.2d 732, 736 , 82 P.3d 234 (2004). 7 No. 50918-1-II A defendant is entitled to a lesser included offense instruction if the two prongs of the Workman test are met. 90 Wn.2d at 447 . 2019State v. Porter, 150 Wn.2d 732, 736 , 82 P.3d 234 (2004). 7 No. 50918-1-II A defendant is entitled to a lesser included offense instruction if the two prongs of the Workman test are met. 90 Wn.2d at 447 . | 5 | 2006–2019 |
State v. Foster
green
2 sentences1979In State v. Foster, 91 Wn.2d 466 , 589 P.2d 789 (1979), there is a discussion from which it might be inferred that perhaps the Workman rule also applies to convictions under RCW 9A.36.010(1). 1979In State v. Foster, 91 Wn.2d 466 , 589 P.2d 789 (1979), there is a discussion from which it might be inferred that perhaps the Workman rule also applies to convictions under RCW 9A.36.010(1). | 5 | 1979–1998 |
State v. Virginia Warden
green
2 sentences2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins 2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins | 4 | 2015–2021 |
State v. Walker
green
2 sentences2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. 2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. | 4 | 2015–2019 |
State v. Walker
green
2 sentences2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. 2019Ed. 2d 413 (1984). 8 State v. Redmond, 150 Wn.2d 489, 493 , 78 P.3d 1001 (2003). 9 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978); State v. Berlin, 133 Wn.2d 541, 545-46 , 947 P.2d 700 (1997). 18 State v. Walker, 136 Wn.2d 767, 771-72 , 966 P.2d 883 (1998). -4- No. 78004-2-1/ 5 But, here, we need not apply the Workman test because Downey does not establish that Workman's lesser-included-offense analysis applies to alternative means of the same offense as opposed to separate offenses. | 4 | 2015–2019 |
State v. Frazier
green
2 sentences2005See Tamalini, 134 Wn.2d at 729-30 (fails “legal prong” as “all of the elements of the lesser offenses were not necessary elements of the greater offense”); Berlin, 133 Wn.2d at 550 (reaffirming result reached in Davis, infra)', State v. Davis, 121 Wn.2d 1, 7 , 846 P.2d 527 (1993) (noting “the specific mental elements required to prove first and second degree manslaughter [do] not apply to felony murder”); 6 State v. Dennison, 115 Wn.2d 609, 627 , 801 P.2d 193 (1990) (fails the legal prong because “[t]he statutory definitions of first and second degree manslaughter require proof of specific men 2005See Tamalini, 134 Wn.2d at 729-30 (fails “legal prong” as “all of the elements of the lesser offenses were not necessary elements of the greater offense”); Berlin, 133 Wn.2d at 550 (reaffirming result reached in Davis, infra)', State v. Davis, 121 Wn.2d 1, 7 , 846 P.2d 527 (1993) (noting “the specific mental elements required to prove first and second degree manslaughter [do] not apply to felony murder”); 6 State v. Dennison, 115 Wn.2d 609, 627 , 801 P.2d 193 (1990) (fails the legal prong because “[t]he statutory definitions of first and second degree manslaughter require proof of specific men | 4 | 1997–2005 |
State v. Karp
green
2 sentences2014Under the Workman test' s factual prong, Durgeloh must show that the evidence support[ s] an inference that the lesser offense was committed instead of the greater offense." State v. Karp, 69 Wn. 2014Under the Workman test' s factual prong, Durgeloh must show that the evidence support[ s] an inference that the lesser offense was committed instead of the greater offense." State v. Karp, 69 Wn. | 3 | 2011–2014 |
State v. Bishop
green
2 sentences2014The court explained that under the legal prong “if it is possible to commit the greater offense without committing the lesser offense, the latter is not an included crime.” Harris, 121 Wn.2d at 320 (citing State v. Bishop, 90 Wn.2d 185, 191 , 580 P.2d 259 (1978)). 2014The court explained that under the legal prong “if it is possible to commit the greater offense without committing the lesser offense, the latter is not an included crime.” Harris, 121 Wn.2d at 320 (citing State v. Bishop, 90 Wn.2d 185, 191 , 580 P.2d 259 (1978)). | 3 | 1999–2014 |
State v. Pittman
green
2 sentences2009First, the record must demonstrate that Grier was entitled to manslaughter instructions under both the factual and legal prongs of the Workman test. 16 See Pittman, 134 Wn. 2009First, the record must demonstrate that Grier was entitled to manslaughter instructions under both the factual and legal prongs of the Workman test. 16 See Pittman, 134 Wn. | 3 | 2009–2010 |
| State v. Dennison green | 3 | 1999–2005 |
| City of Seattle v. Wilkins green | 3 | 1995–1996 |
| State v. Hall green | 2 | 2019–2021 |
| State v. Nguyen green | 2 | 2012–2019 |
| State v. Harris green | 2 | 2014–2014 |
| State v. Pastrana green | 2 | 2014–2014 |
| State v. Marshall green | 2 | 2011–2011 |
| In re the Personal Restraint of Andress red | 2 | 2010–2010 |
| State v. Lyon green | 2 | 2010–2010 |
| State v. Pittman green | 2 | 2009–2010 |
| State v. Ieremia green | 2 | 2009–2009 |
| State v. Buzzell neutral | 2 | 2009–2009 |
| State v. Baggett green | 2 | 2008–2008 |
| State v. Gamble green | 2 | 2005–2005 |
| State v. Daniels green | 2 | 1998–1998 |
| State v. Reed green | 1 | 2026–2026 |
| Francisco Moreno, Appellant/cr-respondent v. State Of Washington, Respondent/cr-appellant green | 1 | 2025–2025 |
| State v. Moreno neutral | 1 | 2025–2025 |
| State v. Stevens green | 1 | 2025–2025 |
| State v. Wilson green | 1 | 2021–2021 |
| State v. Warden green | 1 | 2021–2021 |
| State v. Smith neutral | 1 | 2021–2021 |
| State v. Henderson green | 1 | 2021–2021 |
| State v. Hall green | 1 | 2021–2021 |
| State v. Parker green | 1 | 2020–2020 |
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.