party may raise claim (Washington) · Go Syfert
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party may raise claim in Washington

17 Washington opinions name it 2 courts 1994–2025 4 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
State v. Kirkmangreen
wash · 2007 · cited in 2 Washington opinions naming this issue, 2021–2025
2 sentences

2025Kirkman, 159 Wn.2d at 935 (internal quotation marks omitted).

2021RAP 2.5(a)(3); Kirkman, 159 Wn.2d at 926 .

12
In re Termination of Parental Rights to M.A.S.C.green
wash · 2021 · cited in 1 Washington opinions naming this issue, 2025–2025
1 sentence

2025This court should limit its review of the trial court’s termination of the mother’s parental rights to the errors and issues that she identified in her appeal. 8 Of course, the mother was “not required to prove that DCYF's offers of services were not understandable; it [i]s DCYF's burden to prove that they were.” M.A.S.C., 197 Wn.2d at 703. 9 “A party may raise a claim of error which was not raised by the party in the trial court if another party on the same side of the case has raised the claim of error in the trial court.” RAP 2.5(a). 6 No. 86993-1-I/7 To the extent the majority opinion inst

11
State Of Washington, Resp. v. Alan J. Sinclair Ii, App.27green
washctapp · 2016 · cited in 1 Washington opinions naming this issue, 2017–2017
1 sentence

2017See Sinclair, 192 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 (19)

CaseCitedYears
State v. O'Hara green
wash · 2009
2 sentences

2025However, a party may raise an error for the first time on appeal if “‘(1) the error is manifest and (2) the error is truly of constitutional dimension.’” State v. J.W.M., 1 Wn.3d 58 , 90, 524 P.3d 596 (2023) (quoting O’Hara, 167 Wn.2d at 98 ); RAP 2.5(a)(3).

2017However, a party may raise a claim of error for the first time on appeal if it is a "manifest error affecting a constitutional right." RAP 2.5(a)(3); State v. O'Hara, 167 Wn.2d 91, 98 , 217 P.3d 756 (2009).

32017–2025
State v. O'HARA green
wash · 2009
2 sentences

2020App. 172, 185-86 , 267 P.3d 454 (2011) (quoting State v. O’Hara, 167 Wn.2d 91, 98 , 217 P.3d 756 (2009)). 4 Grimes, 165 Wn.

2017However, a party may raise a claim of error for the first time on appeal if it is a "manifest error affecting a constitutional right." RAP 2.5(a)(3); State v. O'Hara, 167 Wn.2d 91, 98 , 217 P.3d 756 (2009).

22017–2020
State v. Grimes green
washctapp · 2011
2 sentences

2020App. 172, 185-86 , 267 P.3d 454 (2011) (quoting State v. O’Hara, 167 Wn.2d 91, 98 , 217 P.3d 756 (2009)). 4 Grimes, 165 Wn.

2020Generally, this court will not consider issues raised for the first time on appeal. 1 But, a party may raise an error for the first time on appeal if it concerns a manifest error affecting a constitutional right. 2 “The defendant has the initial burden of showing that (1) the error was ‘truly of constitutional dimension’ and (2) the error was ‘manifest.’” 3 “A defendant cannot simply assert that an error occurred at trial and label the error ‘constitutional.’” 4 “The defendant must identify a constitutional error and show how, in the context of the trial, the alleged error actually affected th

22013–2020
In Re Dependency of Grove green
wash · 1995
2 sentences

2019Generally, there is a right to counsel in civil cases only when a civil litigant’s “physical liberty is threatened” or a “fundamental liberty interest . . . is at risk.” In re Dependency of Grove, 127 Wn.2d 221, 237 , 897 P.2d 1252 (1995).

2019Generally, there is a right to counsel in civil cases only when a civil litigant’s “physical liberty is threatened” or a “fundamental liberty interest . . . is at risk.” In re Dependency of Grove, 127 Wn.2d 221, 237 , 897 P.2d 1252 (1995).

12019–2019
State v. Chapin green
wash · 1992
2 sentences

2018He provides no reason this court should consider the argument despite 31 State v. Chapin, 118 Wn.2d 681, 688 , 826 P.2d 194 (1992). -14- No. 75716-4-1/ 15 the general rule that the appellate court may refuse to consider a claim of error not raised in the trial court.32 A party may raise a claim of manifest error affecting a constitutional right for the first time on appeal.

2018He provides no reason this court should consider the argument despite 31 State v. Chapin, 118 Wn.2d 681, 688 , 826 P.2d 194 (1992). -14- No. 75716-4-1/ 15 the general rule that the appellate court may refuse to consider a claim of error not raised in the trial court.32 A party may raise a claim of manifest error affecting a constitutional right for the first time on appeal.

12018–2018
Conner v. Universal Utilities green
wash · 1986
2 sentences

2018“It is consistent with RAP 2.5(a) for a party to raise the issue of denial of procedural due process in a civil case at the appellate level for the first time.” Conner v. Universal Utils., 105 Wn.2d 168, 171 , 712 P.2d 849 (1986) (citing Esmieu v. Schrag, 88 Wn.2d 490, 497 , 563 P.2d 203 (1977)).

2018“It is consistent with RAP 2.5(a) for a party to raise the issue of denial of procedural due process in a civil case at the appellate level for the first time.” Conner v. Universal Utils., 105 Wn.2d 168, 171 , 712 P.2d 849 (1986) (citing Esmieu v. Schrag, 88 Wn.2d 490, 497 , 563 P.2d 203 (1977)).

12018–2018
Esmieu v. Schrag green
wash · 1977
2 sentences

2018“It is consistent with RAP 2.5(a) for a party to raise the issue of denial of procedural due process in a civil case at the appellate level for the first time.” Conner v. Universal Utils., 105 Wn.2d 168, 171 , 712 P.2d 849 (1986) (citing Esmieu v. Schrag, 88 Wn.2d 490, 497 , 563 P.2d 203 (1977)).

2018“It is consistent with RAP 2.5(a) for a party to raise the issue of denial of procedural due process in a civil case at the appellate level for the first time.” Conner v. Universal Utils., 105 Wn.2d 168, 171 , 712 P.2d 849 (1986) (citing Esmieu v. Schrag, 88 Wn.2d 490, 497 , 563 P.2d 203 (1977)).

12018–2018
State Ex Rel. Carroll v. Junker green
wash · 1971
2 sentences

2017Carroll v. Junker, 79 Wn.2d 12, 26 , 482 P.2d 775 (1971)).

2017Carroll v. Junker, 79 Wn.2d 12, 26 , 482 P.2d 775 (1971)).

12017–2017
State v. Downing green
wash · 2004
1 sentence

2017Under RAP 2.5(a), a party may raise a claim of error on appeal "if another party on the same side of the case has raised the claim of error in the trial court." 26 No. 72753-2-1/27 unreasonable, or exercised on untenable grounds, or for untenable reasons.'" State v. Downing, 151 Wn.2d 265, 272 , 87 P.3d 1169 (2004)10 (quoting State ex rel.

12017–2017
State v. Downing green
wash · 2004
1 sentence

2017Under RAP 2.5(a), a party may raise a claim of error on appeal "if another party on the same side of the case has raised the claim of error in the trial court." 26 No. 72753-2-1/27 unreasonable, or exercised on untenable grounds, or for untenable reasons.'" State v. Downing, 151 Wn.2d 265, 272 , 87 P.3d 1169 (2004)10 (quoting State ex rel.

12017–2017
State v. Rose green
washctapp · 2008
1 sentence

2017Here, Cooper stated the basis for his objection by citing to Rose, 146 Wn.

12017–2017
State v. McCabe neutral
washctapp · 2011
1 sentence

2017McCabe, 161 Wn.

12017–2017
In Re the Marriage of Hall green
wash · 1984
1 sentence

2016A party may raise a claim of error which was not raised by the party in the trial court if another party on the same side of the case has raised the claim of error in the trial court. 15 See Hall, 103 Wn.2d at 243-44 . 16 Hall, 103Wn.2dat244.

12016–2016
Waters v. Churchill green
scotus · 1994
2 sentences

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

11999–1999
White v. State green
wash · 1997
1 sentence

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

11999–1999
White v. State green
wash · 1997
2 sentences

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

11999–1999
Binkley v. City of Tacoma green
wash · 1990
2 sentences

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

11999–1999
Rankin v. McPherson green
scotus · 1987
2 sentences

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

1999Because of the conclusions we reach in this case we do not address that assignment of error. [57] White, 131 Wash.2d at 11 , 929 P.2d 396 (citing Waters v. Churchill, 511 U.S. 661, 668 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994); Rankin v. McPherson, 483 U.S. 378, 384-85 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987). [58] White, 131 Wash.2d at 14 , 929 P.2d 396 (emphasis omitted) (citing Binkley, 114 Wash.2d at 383 , 787 P.2d 1366 ). [59] White, 131 Wash.2d at 16 , 929 P.2d 396 .

11999–1999
Matter of Personal Restraint of Riley green
wash · 1993
2 sentences

1994"The sixth amendment to the United States Constitution guarantees a criminal defendant the right 'to have the assistance of counsel for his defense.’ U.S. Const, amend. 6.[ 2 ] The right to counsel means the right to the effective assistance of counsel.” (Footnote omitted.) In re Riley, 122 Wn.2d 772, 779-80 , 863 P.2d 554 (1993).

1994"The sixth amendment to the United States Constitution guarantees a criminal defendant the right 'to have the assistance of counsel for his defense.’ U.S. Const, amend. 6.[ 2 ] The right to counsel means the right to the effective assistance of counsel.” (Footnote omitted.) In re Riley, 122 Wn.2d 772, 779-80 , 863 P.2d 554 (1993).

11994–1994

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (5) WA § Wash. Rev. Code § 9.94A.030 (3) WA § Wash. Rev. Code § 9.94A.535 (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

WA 17 (1994–2025) LA 5 (1994–2019) OH 4 (2005–2018) MI 4 (2014–2021) OR 4 (2000–2017) PA 3 (1997–2025) KS 2 (2018–2019) IL 2 (2019–2020) AL 2 (2010–2012)

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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