Harris exception in Washington

17 Washington opinions name it 2 courts 1977–2018 0 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 (4)

Case	Followed	Cited
State v. Luurtsemagreen conn · 2002 · cited in 2 Washington opinions naming this issue, 2011–2011 2 sentences 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully. 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully.	2	2
State v. Salamongreen conn · 2008 · cited in 2 Washington opinions naming this issue, 2011–2011 2 sentences 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully. 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully.	2	2
State v. Wanrowred wash · 1978 · cited in 2 Washington opinions naming this issue, 2002–2002 2 sentences 2002Similarly, in Wanrow , decided in 1978, the court noted in one part of the opinion that former RCW 9.48.040 had been superseded, Wanrow, 91 Wn.2d at 304 , but said that the Legislature had taken no steps to change the Harris rule, id. at 307. 2002Similarly, in Wanrow , decided in 1978, the court noted in one part of the opinion that former RCW 9.48.040 had been superseded, Wanrow, 91 Wn.2d at 304 , but said that the Legislature had taken no steps to change the Harris rule, id. at 307.	1	2
State v. Leegreen wash · 1997 · cited in 1 Washington opinions naming this issue, 2018–2018 1 sentence 2018Harris’s defense counsel also informed the court that he “went through the plea form with [Harris] in 3 132 Wn.2d 498, 505 , 939 P.3d 1223 (1997) (“[T]here is nothing per se wrong with the State negotiating for a plea agreement which includes an agreement to waive the right to appeal a criminal conviction.”). 4 No. 49641-1-II; Cons.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (17)

Case	Cited	Years
State v. Geisler green conn · 1992 2 sentences 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully. 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully.	2	2011–2011
State v. Canez green ariz · 2002 2 sentences 2011The Supreme Court of Arizona, for example, adopted the Harris exception in State v. Cañez, 202 Ariz. 133 , 42 P.3d 564 (2002). 2011The Supreme Court of Arizona, for example, adopted the Harris exception in State v. Cañez, 202 Ariz. 133 , 42 P.3d 564 (2002).	2	2011–2011
State v. Brocuglio green conn · 2003 2 sentences 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully. 2011State v. Geisler, 222 Conn. 672, 690 , 610 A.2d 1225 (1992), abrogated on other grounds by State v. Brocuglio, 264 Conn. 778 , 826 A.2d 145 (2003); see also State v. Luurtsema, 262 Conn. 179 , 811 A.2d 223 (2002), overruled on other grounds by State v. Salamon, 287 Conn. 509 , 949 A.2d 1092 (2008). ¶ 13 In order to determine whether the Harris exception is compatible with article I, section 7 of our state's constitution, it is necessary to consider the Court's rationale in Harris very carefully.	2	2011–2011
State v. Douglas green washctapp · 2005 2 sentences 2010Although he claims that he is similarly situated to the defendants in State v. Douglas, 128 Wash.App. 555 , 116 P.3d 1012 (2005) and State v. Hughes, 118 Wash.App. 713 , 77 P.3d 681 (2003), the Court of Appeals properly held that he has not shown that the circumstances in those cases are like his own. 2010Although he claims that he is similarly situated to the defendants in State v. Douglas, 128 Wn.	2	2010–2010
State v. Harris green washctapp · 2007 2 sentences 2008We denied Harris’s claim for relief, noting that “under RCW 71.09.015 and RCW 71.09.060(1), Harris could present only evidence concerning conditions that would actually exist if he was released from custody.” Harris, 141 Wn. 2008We denied Harris's claim for relief, noting that "under RCW 71.09.015 and RCW 71.09.060(1), Harris could only present evidence concerning conditions that would actually exist if he was released from custody." Harris, 141 Wash.App. at 680 , 174 P.3d 1171 .	2	2008–2008
State v. Dodd green wash · 1992 2 sentences 2001In State v. Dodd, 120 Wn.2d 1, 23 , 838 P.2d 86 (1992) we held the test of whether a person is competent to waive his or her right to appeal in a capital case is consistent with the Harris test for determining whether a person is competent to stand trial. 2001In State v. Dodd, 120 Wn.2d 1, 23 , 838 P.2d 86 (1992) we held the test of whether a person is competent to waive his or her right to appeal in a capital case is consistent with the Harris test for determining whether a person is competent to stand trial.	2	2001–2001
Crawford v. Washington green scotus · 2004 1 sentence 2017The trial court did not err in denying Harris’s motion on this basis because Crawford does not stand for Harris’s cited proposition. 541 U.S. at 59 .	1	2017–2017
State v. Sanchez green wash · 2002 1 sentence 2015Id. at 344 .	1	2015–2015
State v. Mariano green hawapp · 2007 2 sentences 2011On the other hand, in State v. Mariano, 114 Haw. 271, 281 , 160 P.3d 1258 (Ct. App. 2007), the Intermediate Court of Appeals of Hawaii said, “We cannot condone the parsimonious Fourth Amendment protection the Supreme Court doled out in Harris” It went on to say that article I, section 7 of the Hawaii Constitution 8 is more protective than the Fourth Amendment) Similarly, the Supreme Court of Connecticut concluded that the Harris exception falls short of the protection required by that state’s constitution. 2011On the other hand, in State v. Mariano, 114 Haw. 271, 281 , 160 P.3d 1258 (Ct. App. 2007), the Intermediate Court of Appeals of Hawaii said, “We cannot condone the parsimonious Fourth Amendment protection the Supreme Court doled out in Harris” It went on to say that article I, section 7 of the Hawaii Constitution 8 is more protective than the Fourth Amendment) Similarly, the Supreme Court of Connecticut concluded that the Harris exception falls short of the protection required by that state’s constitution.	1	2011–2011
State v. Douglas green washctapp · 2005 1 sentence 2010Although he claims that he is similarly situated to the defendants in State v. Douglas, 128 Wash.App. 555 , 116 P.3d 1012 (2005) and State v. Hughes, 118 Wash.App. 713 , 77 P.3d 681 (2003), the Court of Appeals properly held that he has not shown that the circumstances in those cases are like his own.	1	2010–2010
State v. Hughes procedural washctapp · 2003 1 sentence 2010Although he claims that he is similarly situated to the defendants in State v. Douglas, 128 Wash.App. 555 , 116 P.3d 1012 (2005) and State v. Hughes, 118 Wash.App. 713 , 77 P.3d 681 (2003), the Court of Appeals properly held that he has not shown that the circumstances in those cases are like his own.	1	2010–2010
State v. Hughes green washctapp · 2003 1 sentence 2010Although he claims that he is similarly situated to the defendants in State v. Douglas, 128 Wash.App. 555 , 116 P.3d 1012 (2005) and State v. Hughes, 118 Wash.App. 713 , 77 P.3d 681 (2003), the Court of Appeals properly held that he has not shown that the circumstances in those cases are like his own.	1	2010–2010
State v. Harris green washctapp · 2007 1 sentence 2008We denied Harris's claim for relief, noting that "under RCW 71.09.015 and RCW 71.09.060(1), Harris could only present evidence concerning conditions that would actually exist if he was released from custody." Harris, 141 Wash.App. at 680 , 174 P.3d 1171 .	1	2008–2008
Alter v. Issaquah District Court neutral washctapp · 1983 2 sentences 1993App. 590 , 668 P.2d 609 , review denied, 100 Wn.2d 1030 (1983), but that case is consistent with our view of the Harris factors. 1993App. 590 , 668 P.2d 609 , review denied, 100 Wn.2d 1030 (1983), but that case is consistent with our view of the Harris factors.	1	1993–1993
State v. Harris green washctapp · 1970 1 sentence 1990App. 272 , 469 P.2d 937 (1970), granted Harris' motion for a writ of prohibition.	1	1990–1990
State v. Jones green wash · 1984 2 sentences 1986As in Alexis , the court was dealing with admissibility of prior convictions of a defendant in its decision in State v. Jones, 101 Wn.2d 113 , 677 P.2d 131 (1984). 1986As in Alexis , the court was dealing with admissibility of prior convictions of a defendant in its decision in State v. Jones, 101 Wn.2d 113 , 677 P.2d 131 (1984).	1	1986–1986
State v. Harris green wash · 1966 2 sentences 1977Second, the court noted in the same footnote that the defendant had also committed two other felonies against the victim (assault with intent to rob and robbery) prior to the "assault" which occurred on the wharf, neither of which constituted an act directly responsible for the victim's death and both of which supported a finding of felony murder. [5] The majority has contended that the legislature's failure to respond to our rejection of the merger rule in State v. Harris, 69 Wn.2d 928 , 421 P.2d 662 (1966), by altering our homicide statute in the course of recent revisions to the criminal co 1977Second, the court noted in the same footnote that the defendant had also committed two other felonies against the victim (assault with intent to rob and robbery) prior to the "assault" which occurred on the wharf, neither of which constituted an act directly responsible for the victim's death and both of which supported a finding of felony murder. [5] The majority has contended that the legislature's failure to respond to our rejection of the merger rule in State v. Harris, 69 Wn.2d 928 , 421 P.2d 662 (1966), by altering our homicide statute in the course of recent revisions to the criminal co	1	1977–1977

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.32.030 (6) WA § Wash. Rev. Code § 9A.32.050 (4) WA § Wash. Rev. Code § 9A.32.070 (4) WA § Wash. Rev. Code § 9A.36.021 (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 73 (1961–2024) GA 60 (1976–2026) CA 58 (1973–2026) OH 35 (2003–2026) IL 33 (1975–2026) WI 23 (1971–2026) IN 19 (1996–2020) MS 19 (1994–2025) FL 19 (1985–2025) WA 17 (1977–2018) PA 14 (1968–2024) MD 13 (1970–2019) AR 13 (1977–2026) AL 11 (1999–2024) KS 10 (1978–2026) KY 9 (1947–2023) NE 8 (1983–2024) DC 8 (1990–2003) NC 8 (1983–2024) ID 8 (2000–2024) VA 8 (1999–2026) MI 8 (1982–2024) TN 7 (1997–2022) NJ 7 (1975–2019) IA 7 (2014–2023) DE 6 (1980–2022) MO 6 (1964–2023) UT 5 (2004–2025) NV 5 (1970–2017) NY 4 (1982–2005) LA 3 (1995–2016) CO 3 (2016–2025) MA 3 (1976–2012) ND 3 (2011–2025) MT 3 (1999–2021) SC 3 (2012–2022) WY 2 (2006–2015) OR 2 (1962–1985) MN 2 (1968–1977)

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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