neutral and detached hearing (Washington) · Go Syfert
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neutral and detached hearing in Washington

18 Washington opinions name it 2 courts 1999–2024 1 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 (5)

CaseFollowedCited
State v. Dahlgreen
wash · 1999 · cited in 9 Washington opinions naming this issue, 2009–2024
2 sentences

2010Dahl, 139 Wash.2d at 688 , 990 P.2d 396 (stating that, in revocation cases, "the harm in erroneously admitting hearsay evidence... is the possibility that the trial court will rely on unverified evidence in revoking a suspended sentence.") *194 ¶ 24 The record clearly indicates that the DOC provided Price with written notice of the claimed parole violations, a list of the evidence against him, an opportunity to be heard in person and to present witnesses and documentary evidence, a neutral and detached hearing officer, [8] and a written statement by the hearing officer referring to the evidenc

2010Dahl, 139 Wn.2d at 688 (stating that in revocation cases, “the harm in erroneously admitting hearsay evidence ... is the possibility that the trial court will rely on unverified evidence in revoking a suspended sentence”). ¶24 The record clearly indicates that the DOC provided Price with written notice of the claimed parole violations, a list of the evidence against him, an opportunity to be heard in person and to present witnesses and documentary evidence, a neutral and detached hearing officer, 8 and a written statement by the hearing officer referring to the evidence that she relied on to j

39
Morrissey v. Brewergreen
scotus · 1972 · cited in 16 Washington opinions naming this issue, 1999–2024
2 sentences

2024Id. (citing Morrissey v. Brewer, 408 U.S. 471 , 92 S. Ct. 2593 , 33 L.

2024Id. (citing Morrissey v. Brewer, 408 U.S. 471 , 92 S. Ct. 2593 , 33 L.

116
State v. Nelsongreen
wash · 1985 · cited in 2 Washington opinions naming this issue, 2009–2009
2 sentences

2009Id. at 683, 990 P.2d 396 (citing Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972)). ¶ 18 The Supreme Court has extended some due process protections when probation is revoked for the failure to pay fines or fees.

2009Id. at 683 (citing Morrissey v. Brewer, 408 U.S. 471 , 92 S. Ct. 2593 , 33 L.

12
Superintendent, Mass. Correctional Institution at Walpole v. Hillgreen
scotus · 1985 · cited in 1 Washington opinions naming this issue, 2005–2005
2 sentences

2005Morrissey, 408 U.S. at 489 , 92 S.Ct. 2593 ; see also In re Personal Restraint Petition of McNeal, 99 Wash.App. 617, 619 , 994 P.2d 890 (2000) (liberty interest of a person in community custody closely resembles that of a parolee). [8] McNeal, 99 Wash.App. at 628 , 994 P.2d 890 (quoting Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 ); see also WAC 137-104-050(14) (department has obligation of proving allegations by a preponderance of the evidence). [9] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [10] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [11] Morrissey, 408 U.S. at 481 , 92 S.Ct. 2593 . [12] Once

2005Morrissey, 408 U.S. at 489 , 92 S.Ct. 2593 ; see also In re Personal Restraint Petition of McNeal, 99 Wash.App. 617, 619 , 994 P.2d 890 (2000) (liberty interest of a person in community custody closely resembles that of a parolee). [8] McNeal, 99 Wash.App. at 628 , 994 P.2d 890 (quoting Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 ); see also WAC 137-104-050(14) (department has obligation of proving allegations by a preponderance of the evidence). [9] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [10] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [11] Morrissey, 408 U.S. at 481 , 92 S.Ct. 2593 . [12] Once

11
In Re the Personal Restraint of McNealgreen
washctapp · 2000 · cited in 1 Washington opinions naming this issue, 2005–2005
2 sentences

2005Morrissey, 408 U.S. at 489 , 92 S.Ct. 2593 ; see also In re Personal Restraint Petition of McNeal, 99 Wash.App. 617, 619 , 994 P.2d 890 (2000) (liberty interest of a person in community custody closely resembles that of a parolee). [8] McNeal, 99 Wash.App. at 628 , 994 P.2d 890 (quoting Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 ); see also WAC 137-104-050(14) (department has obligation of proving allegations by a preponderance of the evidence). [9] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [10] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [11] Morrissey, 408 U.S. at 481 , 92 S.Ct. 2593 . [12] Once

2005Morrissey, 408 U.S. at 489 , 92 S.Ct. 2593 ; see also In re Personal Restraint Petition of McNeal, 99 Wash.App. 617, 619 , 994 P.2d 890 (2000) (liberty interest of a person in community custody closely resembles that of a parolee). [8] McNeal, 99 Wash.App. at 628 , 994 P.2d 890 (quoting Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 ); see also WAC 137-104-050(14) (department has obligation of proving allegations by a preponderance of the evidence). [9] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [10] Hill, 472 U.S. at 455 , 105 S.Ct. 2768 . [11] Morrissey, 408 U.S. at 481 , 92 S.Ct. 2593 . [12] Once

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 (3)

CaseCitedYears
In re the Personal Restraint of Lain green
wash · 2013
2 sentences

2017In re Lain, 179 Wn.2d 1, 18 , 315 P.3d 455 (2013)(citing Morrissey, 408 U.S. at 489 ).

2017In re Lain, 179 Wn.2d 1, 18 , 315 P.3d 455 (2013)(citing Morrissey, 408 U.S. at 489 ).

12017–2017
State v. McCormick green
wash · 2009
1 sentence

2017Dahl, 139 Wn.2d at 683 ; McCormick, 166 Wn.2d at 700 . -13- No. 74222-1-1/14 will not abandon an established rule absent a showing that the rule is "incorrect and harmful." In re Stranger Creek and Tributaries in Stevens County, 77 Wn.2d 649 , 653, 466 P.2d 508 (1970).

12017–2017
In Re Stranger Creek green
wash · 1970
2 sentences

2017Dahl, 139 Wn.2d at 683 ; McCormick, 166 Wn.2d at 700 . -13- No. 74222-1-1/14 will not abandon an established rule absent a showing that the rule is "incorrect and harmful." In re Stranger Creek and Tributaries in Stevens County, 77 Wn.2d 649 , 653, 466 P.2d 508 (1970).

2017Dahl, 139 Wn.2d at 683 ; McCormick, 166 Wn.2d at 700 . -13- No. 74222-1-1/14 will not abandon an established rule absent a showing that the rule is "incorrect and harmful." In re Stranger Creek and Tributaries in Stevens County, 77 Wn.2d 649 , 653, 466 P.2d 508 (1970).

12017–2017

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9.94A.670 (9) WA § Wash. Rev. Code § 9.94A.030 (3) WA § Wash. Rev. Code § 9.94A.660 (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

TX 193 (1986–2026) IN 90 (1974–2026) OH 62 (1998–2026) TN 29 (2001–2022) WA 18 (1999–2024) PA 18 (1979–2026) WI 15 (1976–2014) MS 15 (2004–2021) KS 14 (1997–2026) AL 12 (1986–2018) CA 12 (1975–2025) IL 8 (1979–2005) CO 7 (1985–2026) WV 5 (1987–2019) FL 5 (1978–2006) NM 4 (1980–2019) KY 3 (2010–2021) NE 3 (1976–1986) CT 3 (1988–2006) MI 2 (1982–1984) MT 2 (1986–2025) ID 2 (1983–2006) SC 2 (2006–2007) MN 2 (2016–2017) NV 2 (1991–2015) MA 2 (2000–2003) NY 2 (1976–2003) AR 2 (2012–2016) UT 2 (1990–2005) IA 2 (2008–2008) DE 2 (2017–2019)

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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