114 Washington opinions name it 2 courts 1981–2026 13 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. Atsbehagreen2 sentences2026Legal principles A diminished capacity defense allows defendants to argue that they are not guilty based on “‘a mental disorder . . . [that] impaired [their] ability to form the culpable mental state to commit the crime charged.’” State v. Snider, 199 Wn.2d 435 , 438, 508 P.3d 1014 (2022) (alteration in original) (quoting State v. Atsbeha, 142 Wn.2d 904, 914 , 16 P.3d 626 (2001)). 2026Critically, that paragraph concludes with, “[t]herefore, I recommend that the [c]ourt consider this information in determining an outcome for Mr. Trinh’s case.” (Emphasis added.) 8 Ch. 9.94A RCW. 9 Wash. Ct. of Appeals oral arg., supra, at 2 min., 20 sec. - 10 - No. 86539-1-I/11 A. Diminished Capacity “To maintain a diminished capacity defense, a defendant must produce expert testimony demonstrating that a mental disorder, not amounting to insanity, impaired the defendant’s ability to form the culpable mental state to commit the crime charged.” State v. Atsbeha, 142 Wn.2d 904, 914 , 16 P.3d 62 | 6 | 36 |
State v. Griffingreen2 sentences2018The law requires some time, however long or short, in which a design to kill is deliberately formed. 9 Although the record available on direct appeal is not sufficient to show facts to support a diminished capacity defense, Chamberlain may obtain evidence that would support the defense and submit it in a personal restraint petition. 19 State v. Ellis, 136 Wn.2d 498, 521 , 963 P.2d 843 (1998). 11 State v. Griffin, 100 Wn.2d 417, 418-19 , 670 P.2d 265 (1983). 12 A person commits first degree murder when,"[w]ith a premeditated intent to cause the death of another person, he or she causes the deat 2018The law requires some time, however long or short, in which a design to kill is deliberately formed. 9 Although the record available on direct appeal is not sufficient to show facts to support a diminished capacity defense, Chamberlain may obtain evidence that would support the defense and submit it in a personal restraint petition. 19 State v. Ellis, 136 Wn.2d 498, 521 , 963 P.2d 843 (1998). 11 State v. Griffin, 100 Wn.2d 417, 418-19 , 670 P.2d 265 (1983). 12 A person commits first degree murder when,"[w]ith a premeditated intent to cause the death of another person, he or she causes the deat | 4 | 15 |
State v. Cienfuegosgreen2 sentences2025However, a failure to request a diminished capacity instruction “is not ineffective assistance of counsel per se.” Id. at 229 . 2018Ed. 2d 674 (1984). 34 Cienfuegos, 144 Wn.2d at 229 . 35 Id. 10 No. 75700-8-1/11 any alleged mental impairment.36 "The diminished capacity instruction would have highlighted that fact and should have been given, but even without it defense counsel was able to argue his theory of the case."31 Here, the trial court provided this instruction on voluntary intoxication: No act committed by a person while in a state of voluntary intoxication is less criminal by reason of that condition. | 4 | 14 |
State v. Thomasgreen2 sentences2018State v. Grier, 171 Wn.2d 17, 32-33 , 246 P.3d 1260 (2011)(quoting State 26 v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987)). 7 No. 75870-5-1/8 be characterized as legitimate trial strategy or tactics, performance is not deficient.'"27 The failure of defense counsel to present a diminished capacity defense satisfies both prongs when the facts support such a defense.28 "A diminished capacity defense requires evidence of a mental condition, which prevents the defendant from forming the requisite intent necessary to commit the crime charged."29 Here, during sentencing for the December 17 a 2018State v. Grier, 171 Wn.2d 17, 32-33 , 246 P.3d 1260 (2011)(quoting State 26 v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987)). 7 No. 75870-5-1/8 be characterized as legitimate trial strategy or tactics, performance is not deficient.'"27 The failure of defense counsel to present a diminished capacity defense satisfies both prongs when the facts support such a defense.28 "A diminished capacity defense requires evidence of a mental condition, which prevents the defendant from forming the requisite intent necessary to commit the crime charged."29 Here, during sentencing for the December 17 a | 2 | 11 |
State v. Stumpfgreen2 sentences2018App. 522, 526 , 827 P.2d 294 (1992). 7 No. 35268-4-III State v. Tally Mr. Tally faults his trial attorney for not pursuing a diminished capacity defense. 2018App. 522, 528 , 827 P.2d 294 (1992)("To support a diminished capacity instruction, there must not only be substantial evidence of the mental disorder, but the evidence must also explain the connection between the disorder and the diminution of capacity." (citing Griffin, 100 Wn.2d at 418-19 ; State v. Edmon, 28 Wn. | 2 | 10 |
State v. Hutchinsongreen2 sentences2002On September 26, 1988, about four months before trial, we issued a brief order stating: “The trial court’s . . . order requiring that Mr. Hutchinson submit to an examination by a State’s expert is affirmed, but neither the interposing of a diminished capacity defense by Mr. Hutchinson nor his submission to this examination shall be deemed to waive his constitutional right against self-incrimination.” State v. Hutchinson, 111 Wn.2d 872, 874 , 766 P.2d 447 (1989) (Hutchinson I) (quoting court order). 2002In our order of September 26, 1988, we stated as follows: “The trial court’s May 25, 1988 order requiring that Mr. Hutchinson submit to an examination by a State’s expert is affirmed, but neither the interposing of a diminished capacity defense by Mr. Hutchinson nor his submission to this examination shall be deemed to waive his constitutional right against self-incrimination [.] ” Hutchinson I, 111 Wn.2d at 874 (emphasis added). | 2 | 6 |
State v. Turnergreen2 sentences2016In State v. Turner, 143 Wn.2d 715, 730 , 23 P.3d 499 (2001), our Supreme Court rejected a defendant’s argument that his attorney’s failure to present expert testimony in support of a diminished capacity defense denied him the effective assistance of counsel. 2014The State rests this contention on State v. Turner, 143 Wn.2d 715, 730 , 23 P.3d 499 (2001), in which our Supreme Court rejected a defendant’s argument that his attorney’s failure to present expert testimony in support of a diminished capacity defense denied him the effective assistance of counsel. | 2 | 5 |
State v. Turnergreen2 sentences2016In State v. Turner, 143 Wn.2d 715, 730 , 23 P.3d 499 (2001), our Supreme Court rejected a defendant’s argument that his attorney’s failure to present expert testimony in support of a diminished capacity defense denied him the effective assistance of counsel. 2014The State rests this contention on State v. Turner, 143 Wn.2d 715, 730 , 23 P.3d 499 (2001), in which our Supreme Court rejected a defendant’s argument that his attorney’s failure to present expert testimony in support of a diminished capacity defense denied him the effective assistance of counsel. | 2 | 5 |
State v. Clarkgreen2 sentences2018A diminished capacity defense "allows a defendant to undermine a specific element of the offense, a culpable mental state, by showing that a given mental disorder had a specific effect by which his ability to entertain that mental state was diminished." State v. Clark, 187 Wn.2d 641, 650 , 389 P.3d 462 (2017). 2018A diminished capacity defense "allows a defendant to undermine a specific element of the offense, a culpable mental state, by showing that a given mental disorder had a specific effect by which his ability to entertain that mental state was diminished." State v. Clark, 187 Wn.2d 641, 650 , 389 P.3d 462 (2017). | 2 | 4 |
State v. Hutchinsongreen2 sentences2004In Hutchinson II, the trial court excluded defense expert testimony supporting the defendant’s diminished capacity claim because the defendant repeatedly refused to submit to a court ordered mental health examination. 135 Wn.2d at 872, 876 . 2004In Hutchinson II , the trial court excluded defense expert testimony supporting the defendant's diminished capacity claim because the defendant repeatedly refused to submit to a court ordered mental health examination. 135 Wash.2d at 872, 876 , 959 P.2d 1061 . | 2 | 3 |
State v. McFarlandgreen2 sentences2007See McFarland, 127 Wash.2d at 337 , 899 P.2d 1251 ; see also State v. Turner, 143 Wash.2d 715, 730 , 23 P.3d 499 (2001) (defendant failed to show that counsel's performance was deficient for failing to present expert testimony on a diminished capacity defense where it could not be determined from the record that any expert would have testified the defendant lacked the specific intent to commit the crime with which he was charged). 2007See McFarland, 127 Wn.2d at 337 ; see also State v. Turner, 143 Wn.2d 715, 730 , 23 P.3d 499 (2001) (defendant failed to show that counsel’s performance was deficient for failing to present expert testimony on a diminished capacity defense where it could not be determined from the record that any expert would have testified the defendant lacked the specific intent to commit the crime with which he was charged). | 2 | 3 |
State v. Thamertgreen2 sentences2012See State v. Thamert, 45 Wn. 1991App. 143 , 723 P.2d 1204 , review denied, 107 Wn.2d 1014 (1986); intoxication, State v. Thomas, 109 Wn.2d 222 , 743 P.2d 816 (1987); State v. Hutchinson, 111 Wn.2d 872, 880, 882 , 766 P.2d 447 (1989); and anxiety and depression, State v. Edmon, supra. The superficial treatment of diminished capacity in both parties' briefs does not discuss or address the extension of the diminished capacity defense to the culpability levels of recklessness, RCW 9A.08.010(l)(c), or criminal negligence, RCW 9A.08.010(l)(d), and no cases found have done so. | 2 | 3 |
In re the Personal Restraint of Cracegreen2 sentences2020See Crace, 174 Wn.2d at 840 . 2020See Crace, 174 Wn.2d at 840 . | 2 | 2 |
| Fred Berre Douglas v. Jeanne S. Woodford, Warden, of Rswl California State Prison at San Quentingreen | 2 | 2 |
| State v. Wilcoxgreen | 2 | 2 |
State v. Cienfuegosgreen2 sentences2015Ed. 2d 279 (2002))); State v. Cienfuegos, 144 Wn.2d 222, 228-29 , 25 P.3d 1011 (2001) (declining to hold that trial counsel’s failure to request a diminished capacity instruction was ineffective per se because “[t]he question of whether counsel’s performance was ineffective is generally not amenable to per se rules, but requires a case by case basis analysis”). 2015Ed. 2d 279 (2002))); State v. Cienfuegos, 144 Wn.2d 222, 228-29 , 25 P.3d 1011 (2001) (declining to hold that trial counsel's failure to request a diminished capacity instruction was ineffective per se because "[t]he question of whether counsel's performance was ineffective is generally not amenable to per se rules, but requires a case by case basis analysis"). 18 State v. Carson .(David), No. 90308-5 683, 694-95, 94 P.3d 994 (2004 ), as when there is (1) a complete denial of the assistance of counsel, (2) the State's interference with counsel's assistance, or (3) an actual conflict of interes | 1 | 8 |
State v. Virginia Wardengreen2 sentences2018And although Warden, 133 Wn.2d 559 , involved a diminished capacity defense instead ofa voluntary intoxication instruction, its reasoning supports Schierman's argument in this case.^^ In that case, the defendant "disguised herself as a delivery person and The State argues that Warden is inapposite because in that case, the defense presented expert testimony that posttraumatic stress disorder diminished the defendant's capacity for intent. 2018And although Warden , 133 Wash.2d 559 , 947 P.2d 708 , involved a diminished capacity defense instead of a voluntary intoxication instruction, its reasoning supports Schierman's argument in this case. 27 In that case, the defendant "disguised herself as a delivery person and gained entry into [the victim's] residence," demanded money, broke a mason jar over the victim's head, and then stabbed the victim to death with a butcher knife she found in a kitchen drawer. 28 A defense expert testified that Warden suffered from PTSD (posttraumatic stress disorder ) resulting in dissociative episodes, an | 1 | 6 |
State v. Wardengreen2 sentences2018And although Warden , 133 Wash.2d 559 , 947 P.2d 708 , involved a diminished capacity defense instead of a voluntary intoxication instruction, its reasoning supports Schierman's argument in this case. 27 In that case, the defendant "disguised herself as a delivery person and gained entry into [the victim's] residence," demanded money, broke a mason jar over the victim's head, and then stabbed the victim to death with a butcher knife she found in a kitchen drawer. 28 A defense expert testified that Warden suffered from PTSD (posttraumatic stress disorder ) resulting in dissociative episodes, an 2015And although Warden, 133 Wash.2d 559 , 947 P.2d 708 , involved a diminished capacity defense instead of a voluntary intoxication instruction, its reasoning supports Schierman's argument in this case. 27 In that case, the defendant "disguised herself as a delivery person and gained entry into [the victim's] residence," demanded money, broke a mason jar over the victim's head, and then stabbed the victim to death with a butcher knife she found in a kitchen drawer. 28 A defense expert testified that Warden suffered from PTSD (posttraumatic stress disorder ) resulting in dissociative episodes, and | 1 | 5 |
| State v. Iniguezgreen | 1 | 1 |
| In Re The Detention Of Richard Hatfieldgreen | 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. Atsbeha
green
2 sentences2026Legal principles A diminished capacity defense allows defendants to argue that they are not guilty based on “‘a mental disorder . . . [that] impaired [their] ability to form the culpable mental state to commit the crime charged.’” State v. Snider, 199 Wn.2d 435 , 438, 508 P.3d 1014 (2022) (alteration in original) (quoting State v. Atsbeha, 142 Wn.2d 904, 914 , 16 P.3d 626 (2001)). 2026Critically, that paragraph concludes with, “[t]herefore, I recommend that the [c]ourt consider this information in determining an outcome for Mr. Trinh’s case.” (Emphasis added.) 8 Ch. 9.94A RCW. 9 Wash. Ct. of Appeals oral arg., supra, at 2 min., 20 sec. - 10 - No. 86539-1-I/11 A. Diminished Capacity “To maintain a diminished capacity defense, a defendant must produce expert testimony demonstrating that a mental disorder, not amounting to insanity, impaired the defendant’s ability to form the culpable mental state to commit the crime charged.” State v. Atsbeha, 142 Wn.2d 904, 914 , 16 P.3d 62 | 28 | 2001–2026 |
State v. Tilton
green
2 sentences2026In briefing, Trinh quotes State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003), in his assertion that our State “Supreme Court has held ‘[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.’” (Alteration in original.) He also offers State v. Fedoruk, 184 Wn. 2026Trinh is correct that Tilton holds “[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.” 149 Wn.2d at 784 . | 10 | 2010–2026 |
State v. Tilton
green
2 sentences2026In briefing, Trinh quotes State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003), in his assertion that our State “Supreme Court has held ‘[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.’” (Alteration in original.) He also offers State v. Fedoruk, 184 Wn. 2020A. Diminished Capacity Defense “A diminished capacity defense requires evidence of a mental condition [that] prevents the defendant from forming the requisite [mental state] necessary to commit the crime charged.” State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003); State v. Atsbeha, 142 Wn.2d 904, 914 , 16 P.3d 626 (2001). | 10 | 2010–2026 |
State v. Ferrick
green
2 sentences2017The majority is correct that in order to assert a diminished capacity defense, a defendant must meet two threshold criteria: ( 1) the defendant must present "substantial evidence of such a condition" and (2) "the evidence must logically and reasonably connect the defendant's alleged mental condition with the asserted inability to form the required specific intent to commit the crime charged." Ferrick, 81 Wn.2d at 944 - 45); State v. Griffin, 100 Wn.2d 417,419 , 670 P.2d 265 (1983). 2017The majority is correct that in order to assert a diminished capacity defense, a defendant must meet two threshold criteria: (1) the defendant must present “substantial evidence of such a condition” and (2) “the evidence must logically and reasonably connect the defendant’s alleged mental condition with the asserted inability to form the required specific intent to commit the crime charged.” Ferrick, 81 Wn.2d at 944-45 ; State v. Griffin, 100 Wn.2d 417, 419 , 670 P.2d 265 (1983). ¶43 If Clark had offered Dr. Oneal’s testimony as evidence that he lacked the capacity or ability to act intentiona | 7 | 2001–2017 |
State v. Ellis
green
2 sentences2021Evidentiary principles with respect to diminished capacity “To maintain a diminished capacity defense, a defendant must produce expert testimony demonstrating that a mental disorder, not amounting to insanity, impaired the defendant’s ability to form the specific intent to commit the crime charged.” State v. Ellis, 136 Wn.2d 498, 521 , 963 P.2d 843 (1998). 2021Evidentiary principles with respect to diminished capacity “To maintain a diminished capacity defense, a defendant must produce expert testimony demonstrating that a mental disorder, not amounting to insanity, impaired the defendant’s ability to form the specific intent to commit the crime charged.” State v. Ellis, 136 Wn.2d 498, 521 , 963 P.2d 843 (1998). | 5 | 2001–2021 |
State v. Ellis
green
2 sentences2021Evidentiary principles with respect to diminished capacity “To maintain a diminished capacity defense, a defendant must produce expert testimony demonstrating that a mental disorder, not amounting to insanity, impaired the defendant’s ability to form the specific intent to commit the crime charged.” State v. Ellis, 136 Wn.2d 498, 521 , 963 P.2d 843 (1998). 2021There, the Supreme Court concluded that the trial court abused its discretion in excluding expert testimony to support a diminished capacity defense. 136 Wn.2d at 523 . | 5 | 2001–2021 |
State v. Edmon
green
2 sentences2018App. 98, 105 , 621 P.2d 1310 (1981). 24 Id. 25 State v. Furman, 122 Wn.2d 440, 454 , 858 P.2d 1092 (1993). 7 No. 75700-8-1/8 sufficient to allow the defendant to argue his theory of the case when the diminished capacity claim is based on voluntary intoxication.26 This court reviews for abuse of discretion a trial court's refusal to give jury instructions based on a factual question." Here, Dr. Steven Johansen testified about Bains's diagnosed mental disorders and substance usage. 2018App. 522, 528 , 827 P.2d 294 (1992)("To support a diminished capacity instruction, there must not only be substantial evidence of the mental disorder, but the evidence must also explain the connection between the disorder and the diminution of capacity." (citing Griffin, 100 Wn.2d at 418-19 ; State v. Edmon, 28 Wn. | 4 | 1992–2018 |
State v. Burr
green
2 sentences2015Clark has not offered any Washington authority for his argument that the evidence is relevant absent a diminished capacity defense. " Where no authorities are cited in support of a proposition, the court is not required to search out authorities, but may assume that counsel, after diligent search, has found none." DeHeer v. Seattle Post -Intelligencer, 60 Wn.2d 122, 126 , 372 P. 2d 193 ( 1962). 8 No. 45103 -4 -II Clark cites State v. Burr, 195 N.J. 119 , 948 A.2d 627 ( 2008), as support for the proposition that evidence of mental defect is properly admitted to help the jury assess the defendan 2015Clark has not offered any Washington authority for his argument that the evidence is relevant absent a diminished capacity defense. " Where no authorities are cited in support of a proposition, the court is not required to search out authorities, but may assume that counsel, after diligent search, has found none." DeHeer v. Seattle Post -Intelligencer, 60 Wn.2d 122, 126 , 372 P. 2d 193 ( 1962). 8 No. 45103 -4 -II Clark cites State v. Burr, 195 N.J. 119 , 948 A.2d 627 ( 2008), as support for the proposition that evidence of mental defect is properly admitted to help the jury assess the defendan | 4 | 2015–2017 |
State v. Thomas
green
2 sentences2018For a diminished capacity defense, “expert testimony must establish that a ‘mental disorder, not amounting to insanity, impaired the defendant’s ability to form the culpable mental state to commit the crime charged.’ ” Thomas, 123 Wn. 2015In Thomas, we addressed when expert testimony supporting a diminished capacity defense is admissible in a first degree assault case. 123 Wn. | 3 | 2015–2018 |
Strickland v. Washington
green
2 sentences2015See id.; Strickland, 466 U.S. at 692 ; In re Pers. 2001Thus, counsel provided ineffective assistance under the test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. | 3 | 2001–2015 |
State v. Fedoruk
green
2 sentences2026In briefing, Trinh quotes State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003), in his assertion that our State “Supreme Court has held ‘[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.’” (Alteration in original.) He also offers State v. Fedoruk, 184 Wn. 2016Because we grant this petition based on ineffective assistance of counsel for failing to pursue a diminished capacity defense, we do not address these arguments. 6 No. 47733-5-II This court’s opinion in State v. Fedoruk, 184 Wn. | 2 | 2016–2026 |
State v. Hutchinson
green
2 sentences2021App. at 797-99 . 54 135 Wn.2d 863 , 959 P.2d 1061 (1998), abrogated in part on other grounds, State v. Jackson, 195 Wn.2d 841, 856 , 467 P.3d 97 (2020). 55 Appellant’s Br. at 14-15. 56 Hutchinson, 135 Wn.2d at 880 . 16 No. 78071-9-I/17 the rule,”57 including suppressing evidence.58 But because suppressing a defense witness’s expert testimony implicated the defendant’s Sixth Amendment right to compulsory process,59 the court explained excluding evidence is “an extraordinary remedy” that “should be applied narrowly” only after a court considers four factors.60 Such concerns are not present becau 2004In Hutchinson II , the trial court excluded defense expert testimony supporting the defendant's diminished capacity claim because the defendant repeatedly refused to submit to a court ordered mental health examination. 135 Wash.2d at 872, 876 , 959 P.2d 1061 . | 2 | 2004–2021 |
State v. Furman
green
2 sentences2018App. 98, 105 , 621 P.2d 1310 (1981). 24 Id. 25 State v. Furman, 122 Wn.2d 440, 454 , 858 P.2d 1092 (1993). 7 No. 75700-8-1/8 sufficient to allow the defendant to argue his theory of the case when the diminished capacity claim is based on voluntary intoxication.26 This court reviews for abuse of discretion a trial court's refusal to give jury instructions based on a factual question." Here, Dr. Steven Johansen testified about Bains's diagnosed mental disorders and substance usage. 2018App. 98, 105 , 621 P.2d 1310 (1981). 24 Id. 25 State v. Furman, 122 Wn.2d 440, 454 , 858 P.2d 1092 (1993). 7 No. 75700-8-1/8 sufficient to allow the defendant to argue his theory of the case when the diminished capacity claim is based on voluntary intoxication.26 This court reviews for abuse of discretion a trial court's refusal to give jury instructions based on a factual question." Here, Dr. Steven Johansen testified about Bains's diagnosed mental disorders and substance usage. | 2 | 2017–2018 |
State v. Rice
green
2 sentences2018App. 529, 540 , 277 P.3d 74 (2012) (citing State v. Rice, 102 Wn.2d 120, 125 , 683 P.2d 199 (1984)). 3 The pattern jury instruction on diminished capacity states: Evidence of mental illness or disorder may be taken into consideration in determining whether the defendant had the capacity to form (fill in requisite mental state). 11 WASHINGTON PRACTICE: WASHINGTON PATTERN JURY INSTRUCTIONS: CRIMINAL 18.20, at 302 (4th ed. 2016). 11 No. 34783-4-III In re Personal Restraint of Fultz As to the second and third requirements for a diminished capacity defense, “It is not enough that a defendant may be 2018App. 529, 540 , 277 P.3d 74 (2012) (citing State v. Rice, 102 Wn.2d 120, 125 , 683 P.2d 199 (1984)). 3 The pattern jury instruction on diminished capacity states: Evidence of mental illness or disorder may be taken into consideration in determining whether the defendant had the capacity to form (fill in requisite mental state). 11 WASHINGTON PRACTICE: WASHINGTON PATTERN JURY INSTRUCTIONS: CRIMINAL 18.20, at 302 (4th ed. 2016). 11 No. 34783-4-III In re Personal Restraint of Fultz As to the second and third requirements for a diminished capacity defense, “It is not enough that a defendant may be | 2 | 1992–2018 |
| State v. Harper green | 2 | 2016–2017 |
| State v. Greene green | 2 | 2017–2017 |
| State v. Greene green | 2 | 2017–2017 |
| State v. James green | 2 | 2010–2010 |
| State v. Taylor green | 2 | 2009–2009 |
| State v. King green | 2 | 1981–2002 |
| Matter of Personal Restraint of Lord green | 2 | 1998–1998 |
| People v. Saille green | 2 | 1998–1998 |
| State v. White green | 2 | 1998–1998 |
| State v. Brewton green | 2 | 1998–1998 |
| State v. Eakins green | 2 | 1998–1998 |
| State v. Hutchinson green | 2 | 1998–1998 |
| State v. Nuss green | 2 | 1998–1998 |
| State v. Carneh green | 1 | 2026–2026 |
| State v. Carneh green | 1 | 2026–2026 |
| State v. Lord green | 1 | 2025–2025 |
| Matter of Personal Restraint of Rice green | 1 | 2023–2023 |
| State v. Jackson green | 1 | 2021–2021 |
| State v. Barry green | 1 | 2021–2021 |
| State v. Ollivier green | 1 | 2020–2020 |
| State v. Whitfield neutral | 1 | 2020–2020 |
| State v. Gough green | 1 | 2019–2019 |
| State v. Carter green | 1 | 2019–2019 |
| State v. Kyllo green | 1 | 2018–2018 |
| State v. Grier green | 1 | 2018–2018 |
| State v. Condon green | 1 | 2018–2018 |
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.