Robinson test (Washington) · Go Syfert
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Robinson test in Washington

17 Washington opinions name it 2 courts 1980–2018 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 (7)

CaseFollowedCited
State v. Robinsongreen
wash · 2011 · cited in 7 Washington opinions naming this issue, 2011–2011
2 sentences

2011Lee therefore fails the fourth prong of the Robinson test and ordinary principles of issue preservation apply. 171 Wash.2d at 305, 253 P.3d 84 . ¶ 12 Under RAP 2.5(a), a party may raise manifest error affecting a constitutional right for the first time on appeal.

2011Lee therefore fails the fourth prong of the Robinson test and ordinary principles of issue preservation apply. 171 Wash.2d at 305, 253 P.3d 84 . ¶ 12 Under RAP 2.5(a), a party may raise manifest error affecting a constitutional right for the first time on appeal.

77
Davis v. United Statesgreen
scotus · 2011 · cited in 3 Washington opinions naming this issue, 2011–2011
2 sentences

2011No Washington court has recently issued a “new controlling constitutional interpretation” of either the open view or plain view exceptions to the exclusionary rule, and Jones cannot satisfy the first factor of the Robinson test. 171 Wn.2d at 305; see also Davis v. United States, _ U.S. _, 131 S. Ct. 2419, 2434 , 180 L.

2011No Washington court has recently issued a “new controlling constitutional interpretation” of either the open view or plain view exceptions to the exclusionary rule, and Jones cannot satisfy the first factor of the Robinson test. 171 Wn.2d at 305; see also Davis v. United States, _ U.S. _, 131 S. Ct. 2419, 2434 , 180 L.

33
State v. A.N.J.green
wash · 2010 · cited in 2 Washington opinions naming this issue, 2011–2011
2 sentences

2011See A.N.J., *1241 168 Wash.2d at 107 , 225 P.3d 956 (standing for the proposition that the timing of a motion to withdraw should be given weight "only when it is made promptly after discovery of the previously unknown consequences or the newly discovered information"); see also id. at 124-25, 225 P.3d 956 (J.M.

2011See id. at 1237; A.N.J., 168 Wash.2d at 107 , 225 P.3d 956 .

22
State v. Ammonsgreen
wash · 2005 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018See Ammons, 105 Wn.2d at 188 .

11
State v. Rohrichgreen
wash · 2003 · cited in 1 Washington opinions naming this issue, 2011–2011
2 sentences

2011A manifest injustice is a result that profoundly undermines the people's confidence in the justice system. [2] State v. Tobin, 161 Wash.2d 517, 523 , 166 P.3d 1167 (2007); see also State v. Dixon, 159 Wash.2d 65, 76 , 147 P.3d 991 (2006) (quoting State v. Rohrich, 149 Wash.2d 647, 654 , 71 P.3d 638 (2003)). [3] Codiga was decided on January 31, 2008, just months before the trial court's hearing on Robinson's motion to withdraw.

2011A manifest injustice is a result that profoundly undermines the people's confidence in the justice system. [2] State v. Tobin, 161 Wash.2d 517, 523 , 166 P.3d 1167 (2007); see also State v. Dixon, 159 Wash.2d 65, 76 , 147 P.3d 991 (2006) (quoting State v. Rohrich, 149 Wash.2d 647, 654 , 71 P.3d 638 (2003)). [3] Codiga was decided on January 31, 2008, just months before the trial court's hearing on Robinson's motion to withdraw.

11
State v. ANJgreen
wash · 2010 · cited in 1 Washington opinions naming this issue, 2011–2011
2 sentences

2011See A.N.J., *1241 168 Wash.2d at 107 , 225 P.3d 956 (standing for the proposition that the timing of a motion to withdraw should be given weight "only when it is made promptly after discovery of the previously unknown consequences or the newly discovered information"); see also id. at 124-25, 225 P.3d 956 (J.M.

2011See id. at 1237; A.N.J., 168 Wash.2d at 107 , 225 P.3d 956 .

11
State v. Dixongreen
wash · 2006 · cited in 1 Washington opinions naming this issue, 2011–2011
2 sentences

2011A manifest injustice is a result that profoundly undermines the people's confidence in the justice system. [2] State v. Tobin, 161 Wash.2d 517, 523 , 166 P.3d 1167 (2007); see also State v. Dixon, 159 Wash.2d 65, 76 , 147 P.3d 991 (2006) (quoting State v. Rohrich, 149 Wash.2d 647, 654 , 71 P.3d 638 (2003)). [3] Codiga was decided on January 31, 2008, just months before the trial court's hearing on Robinson's motion to withdraw.

2011A manifest injustice is a result that profoundly undermines the people's confidence in the justice system. [2] State v. Tobin, 161 Wash.2d 517, 523 , 166 P.3d 1167 (2007); see also State v. Dixon, 159 Wash.2d 65, 76 , 147 P.3d 991 (2006) (quoting State v. Rohrich, 149 Wash.2d 647, 654 , 71 P.3d 638 (2003)). [3] Codiga was decided on January 31, 2008, just months before the trial court's hearing on Robinson's motion to withdraw.

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 (15)

CaseCitedYears
State v. Codiga green
wash · 2008
2 sentences

2011Contrary to the majority's conclusion, the trial court's holding that Robinson's plea was not knowing, voluntary, and intelligent is in direct conflict with our case law, particularly State v. Codiga, 162 Wash.2d 912 , 175 P.3d 1082 (2008).

2011Contrary to the majority's conclusion, the trial court's holding that Robinson's plea was not knowing, voluntary, and intelligent is in direct conflict with our case law, particularly State v. Codiga, 162 Wash.2d 912 , 175 P.3d 1082 (2008).

32009–2011
State v. Zhao green
wash · 2006
2 sentences

2011State v. Bao Sheng *1239 Zhao, 157 Wash.2d 188 , 197 n. 5, 137 P.3d 835 (2006) (the defendant "must show the trial court abused its discretion in concluding there was no manifest injustice justifying withdrawal of the plea").

2011State v. Bao Sheng *1239 Zhao, 157 Wash.2d 188 , 197 n. 5, 137 P.3d 835 (2006) (the defendant "must show the trial court abused its discretion in concluding there was no manifest injustice justifying withdrawal of the plea").

22011–2011
State v. Patton green
wash · 2009
2 sentences

2011Both Gant and the first Washington case interpreting Gant under our constitution, State v. Patton, 167 Wn.2d 379, 384 , 219 P.3d 651 (2009), were decided in 2009.

2011Both Gant and the first Washington case interpreting Gant under our constitution, State v. Patton, 167 Wn.2d 379, 384 , 219 P.3d 651 (2009), were decided in 2009.

22011–2011
State v. Taylor green
wash · 1974
2 sentences

2011Allowing the plea to stand, therefore, is not a manifest injustice. ¶ 37 The phrase "manifest injustice" has been defined as "an injustice that is obvious, directly observable, overt, not obscure," Taylor, 83 Wash.2d at 596 , 521 P.2d 699 .

2011Allowing the plea to stand, therefore, is not a manifest injustice. ¶ 37 The phrase "manifest injustice" has been defined as "an injustice that is obvious, directly observable, overt, not obscure," Taylor, 83 Wash.2d at 596 , 521 P.2d 699 .

22011–2011
State v. Mierz green
washctapp · 1994
2 sentences

2011"A failure to move to suppress evidence, however, *297 constitutes a waiver[ [2] ] of the right to have it excluded." State v. Mierz, 72 Wash. App. 783, 789 , 866 P.2d 65 , 875 P.2d 1228 (1994) (citing State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by State v. McFarland, 127 Wash.2d 322, 337 , 899 P.2d 1251 (1995)).

2011"A failure to move to suppress evidence, however, *297 constitutes a waiver[ [2] ] of the right to have it excluded." State v. Mierz, 72 Wash. App. 783, 789 , 866 P.2d 65 , 875 P.2d 1228 (1994) (citing State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by State v. McFarland, 127 Wash.2d 322, 337 , 899 P.2d 1251 (1995)).

22011–2011
State v. Mierz green
wash · 1995
2 sentences

2011RAP 2.5(a); Robinson, 171 Wash.2d at 305, 253 P.3d 84 ; Mierz, 127 Wash.2d at 468 , 901 P.2d 286 . ¶ 64 Alternatively, when Officer Smith approached Jones's vehicle, he saw what he immediately recognized as evidence of the crime of unlawful possession of a controlled substance then being conducted in his presence: oxycodone pills spilling out of an unlabeled *893 pill bottle in the car door.

2011RAP 2.5(a); Robinson, 171 Wash.2d at 305, 253 P.3d 84 ; Mierz, 127 Wash.2d at 468 , 901 P.2d 286 . ¶ 64 Alternatively, when Officer Smith approached Jones's vehicle, he saw what he immediately recognized as evidence of the crime of unlawful possession of a controlled substance then being conducted in his presence: oxycodone pills spilling out of an unlabeled *893 pill bottle in the car door.

22011–2011
Moore v. Burdman green
wash · 1974
2 sentences

2001Robinson next contends that her motion should be treated as timely filed under Moore v. Burdman, 84 Wn.2d 408, 413-14 , 526 P.2d 893 (1974).

2001Robinson next contends that her motion should be treated as timely filed under Moore v. Burdman, 84 Wn.2d 408, 413-14 , 526 P.2d 893 (1974).

22001–2001
State v. George green
washctapp · 2009
2 sentences

2017Because Robinson did not show deficient performance, we need not address whether counsel's performance prejudiced Robinson's defense. 27 George, 150 Wn.

2017Because Robinson did not show deficient performance, we need not address whether counsel's performance prejudiced Robinson's defense. 27 George, 150 Wn.

12017–2017
In Re Flint green
wash · 2012
1 sentence

2016Flint, 174 Wn.2d at 542 . ¶10 There is no dispute that Robinson’s motion was timely, as he filed it within one year after DOC’s decision became final.

12016–2016
State v. Tobin green
wash · 2007
2 sentences

2011A manifest injustice is a result that profoundly undermines the people's confidence in the justice system. [2] State v. Tobin, 161 Wash.2d 517, 523 , 166 P.3d 1167 (2007); see also State v. Dixon, 159 Wash.2d 65, 76 , 147 P.3d 991 (2006) (quoting State v. Rohrich, 149 Wash.2d 647, 654 , 71 P.3d 638 (2003)). [3] Codiga was decided on January 31, 2008, just months before the trial court's hearing on Robinson's motion to withdraw.

2011A manifest injustice is a result that profoundly undermines the people's confidence in the justice system. [2] State v. Tobin, 161 Wash.2d 517, 523 , 166 P.3d 1167 (2007); see also State v. Dixon, 159 Wash.2d 65, 76 , 147 P.3d 991 (2006) (quoting State v. Rohrich, 149 Wash.2d 647, 654 , 71 P.3d 638 (2003)). [3] Codiga was decided on January 31, 2008, just months before the trial court's hearing on Robinson's motion to withdraw.

12011–2011
State v. Bashaw red
wash · 2010
2 sentences

2011In holding the special verdict instruction to be erroneous, Bashaw applied an existing rule from Goldberg, which antedated Grimes’s trial by six years. 169 Wn.2d at 145 .

2011In holding the special verdict instruction to be erroneous, Bashaw applied an existing rule from Goldberg, which antedated Grimes’s trial by six years. 169 Wn.2d at 145 .

12011–2011
State v. McFarland green
wash · 1995
2 sentences

2011"A failure to move to suppress evidence, however, *297 constitutes a waiver[ [2] ] of the right to have it excluded." State v. Mierz, 72 Wash. App. 783, 789 , 866 P.2d 65 , 875 P.2d 1228 (1994) (citing State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by State v. McFarland, 127 Wash.2d 322, 337 , 899 P.2d 1251 (1995)).

2011"A failure to move to suppress evidence, however, *297 constitutes a waiver[ [2] ] of the right to have it excluded." State v. Mierz, 72 Wash. App. 783, 789 , 866 P.2d 65 , 875 P.2d 1228 (1994) (citing State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by State v. McFarland, 127 Wash.2d 322, 337 , 899 P.2d 1251 (1995)).

12011–2011
State v. Tarica red
washctapp · 1990
2 sentences

2011"A failure to move to suppress evidence, however, *297 constitutes a waiver[ [2] ] of the right to have it excluded." State v. Mierz, 72 Wash. App. 783, 789 , 866 P.2d 65 , 875 P.2d 1228 (1994) (citing State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by State v. McFarland, 127 Wash.2d 322, 337 , 899 P.2d 1251 (1995)).

2011"A failure to move to suppress evidence, however, *297 constitutes a waiver[ [2] ] of the right to have it excluded." State v. Mierz, 72 Wash. App. 783, 789 , 866 P.2d 65 , 875 P.2d 1228 (1994) (citing State v. Tarica, 59 Wash.App. 368, 372-73 , 798 P.2d 296 (1990), overruled on other grounds by State v. McFarland, 127 Wash.2d 322, 337 , 899 P.2d 1251 (1995)).

12011–2011
Louisiana Affiliate of the National Organization for the Reform of Marijuana Laws v. Guste green
laed · 1974
2 sentences

1980Also, defendants admit marijuana possession, at least in some circumstances, may be prohibited; thus, Robinson's test is inapplicable. [8] The theory was rejected in Louisiana Affiliates of Nat'l Organization for the Reform of Marijuana Laws v. Guste, supra .

1980The theory was rejected in Louisiana Affiliates of Nat'l Organization for the Reform of Marijuana Laws v. Guste, supra. Article 1, § 22 of the Alaska Constitution provides, in part: "The right of the people to privacy is recognized and shall not be infringed." See generally, Paris Adult Theatre I v. Slaton, 413 U.S. 49 , 37 L.

11980–1980
Paris Adult Theatre I v. Slaton green
scotus · 1973
2 sentences

1980The theory was rejected in Louisiana Affiliates of Nat'l Organization for the Reform of Marijuana Laws v. Guste, supra. Article 1, § 22 of the Alaska Constitution provides, in part: "The right of the people to privacy is recognized and shall not be infringed." See generally, Paris Adult Theatre I v. Slaton, 413 U.S. 49 , 37 L.

1980The theory was rejected in Louisiana Affiliates of Nat'l Organization for the Reform of Marijuana Laws v. Guste, supra. Article 1, § 22 of the Alaska Constitution provides, in part: "The right of the people to privacy is recognized and shall not be infringed." See generally, Paris Adult Theatre I v. Slaton, 413 U.S. 49 , 37 L.

11980–1980

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (7) WA § Wash. Rev. Code § 69.50.401 (4) WA § Wash. Rev. Code § 10.73.090 (3) WA § Wash. Rev. Code § 69.50.4013 (3) WA § Wash. Rev. Code § 69.50.435 (3) WA § Wash. Rev. Code § 9.94A.030 (3) WA § Wash. Rev. Code § 9.94A.525 (3) WA § Wash. Rev. Code § 9.94A.533 (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 297 (1979–2026) IL 43 (1967–2026) PA 39 (1970–2026) GA 36 (1976–2026) OH 32 (2000–2026) MI 32 (1975–2026) FL 31 (1986–2025) MS 29 (1987–2020) IN 24 (1979–2023) CA 22 (1972–2026) NY 19 (1967–2025) MO 17 (1975–2025) WA 17 (1980–2018) DE 13 (1979–2025) OR 11 (1972–2021) AR 10 (2014–2025) KS 10 (1989–2026) AL 9 (1858–2011) WI 8 (1993–2026) UT 8 (1999–2023) SC 8 (2004–2023) IA 7 (1981–2025) VA 7 (1994–2026) DC 7 (1987–2026) NC 6 (1995–2020) LA 6 (1993–2009) MN 6 (1986–2024) MD 4 (1992–2018) KY 4 (2019–2025) AZ 4 (1990–2024) WY 3 (1992–2010) CO 3 (2022–2025) MT 3 (2009–2010) CT 2 (1987–1993) AK 2 (1977–2018) NV 2 (2014–2020) MA 2 (2000–2017) ME 2 (1978–2016) NE 2 (1989–2014) NM 2 (2017–2018)

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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