considers the following factors (Washington) · Go Syfert
← Washington issues

considers the following factors in Washington

16 Washington opinions name it 2 courts 1997–2024 2 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Washington.

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 (18)

CaseCitedYears
Griffin v. Draper green
washctapp · 1982
2 sentences

2014When evaluating whether an appeal is frivolous, this court considers the following factors: "(1) A civil appellant has a right to appeal under RAP 2.2; (2) all doubts as to whether the appeal is frivolous should be resolved in favor of the appellant; (3) the record should be considered as a whole; (4) an appeal that is affirmed simply because the arguments are rejected is not frivolous; (5) an appeal is frivolous if there are no debatable issues upon which reasonable minds might differ, and it is so totally devoid of merit that there was no reasonable possibility of reversal." Griffin, 32 Wn.

2014When evaluating whether an appeal is frivolous, this court considers the following factors: “(1) A civil appellant has a right to appeal under RAP 2.2; (2) all doubts as to whether the appeal is frivolous should be resolved in favor of the appellant; (3) the record should be considered as a whole; (4) an appeal that is affirmed simply because the arguments are rejected is not frivolous; (5) an appeal is frivolous if there are no debatable issues upon which reasonable minds might differ, and it is so totally devoid of merit that there was no reasonable possibility of reversal.” Griffin, 32 Wn.

32014–2022
Streater v. White green
washctapp · 1980
2 sentences

2014App. at 616 (quoting Streater v. White, 26 Wn.

2014App. at 616 (quoting Streater v. White, 26 Wn.

32002–2014
Chaussee v. Maryland Casualty Co. green
washctapp · 1991
2 sentences

2009Besel, 146 Wash.2d at 738 , 49 P.3d 887 ; Chaussee, 60 Wash.App. at 512 , 803 P.2d 1339 (quoting Glover v. Tacoma Gen.

2009Besel, 146 Wn.2d at 738 ; Chaussee, 60 Wn.

22009–2009
Besel v. Viking Insurance green
wash · 2002
2 sentences

2009Besel, 146 Wash.2d at 738 , 49 P.3d 887 ; Chaussee, 60 Wash.App. at 512 , 803 P.2d 1339 (quoting Glover v. Tacoma Gen.

2009Besel, 146 Wn.2d at 738 ; Chaussee, 60 Wn.

22009–2009
Delany v. Canning neutral
washctapp · 1997
2 sentences

2002Delany v. Canning, 84 Wn.

2002Delany v. Canning, 84 Wash.App. 498, 510 , 929 P.2d 475 (citing Streater v. White, 26 Wash.App. 430, 435 , 613 P.2d 187 , review denied, 94 Wash.2d 1014 (1980)), review denied, 131 Wash.2d 1026 , 937 P.2d 1101 (1997).

22002–2002
State v. Anderson green
wash · 1987
2 sentences

2001State v. Anderson, 107 Wash.2d 745, 750 , 733 P.2d 517 (1987) (citations omitted).

2001State v. Anderson, 107 Wash.2d 745, 750 , 733 P.2d 517 (1987) (citations omitted).

22000–2001
State v. Montgomery green
wash · 2008
1 sentence

2024To determine whether a statement is impermissible opinion testimony, a court considers the following factors: “ ‘(1) the type of witness involved, (2) the specific nature of the testimony, (3) the nature of the charges, (4) the type of defense, and (5) the other evidence before the trier of fact.’ ” State v. Montgomery, 163 Wn.2d 577, 591 , 183 P.3d 267 (2008).

12024–2024
State v. Montgomery green
wash · 2008
1 sentence

2024To determine whether a statement is impermissible opinion testimony, a court considers the following factors: “ ‘(1) the type of witness involved, (2) the specific nature of the testimony, (3) the nature of the charges, (4) the type of defense, and (5) the other evidence before the trier of fact.’ ” State v. Montgomery, 163 Wn.2d 577, 591 , 183 P.3d 267 (2008).

12024–2024
Espinoza v. American Commerce Insurance neutral
washctapp · 2014
2 sentences

2022When evaluating whether an appeal is frivolous, this court considers the following factors: “(1) A civil appellant has a right to appeal under RAP 2.2; (2) all doubts as to whether the appeal is frivolous should be resolved in favor of the appellant; (3) the record should be considered as a whole; (4) an appeal that is affirmed simply because the arguments are rejected is not frivolous; (5) an appeal is frivolous if there are no debatable issues upon which reasonable minds might differ, and it is so totally devoid of merit that there was no reasonable possibility of reversal.” Espinoza v. Amer

2022App. 176, 202 , 336 P.3d 115 (2014) (quoting, Griffin v. Draper, 32 Wn.

12022–2022
Neil v. Biggers green
scotus · 1972
1 sentence

2015Biqqers. 409 U.S. at 199-200 .

12015–2015
State v. Escalona green
washctapp · 1987
1 sentence

2014State v. Escalona, 49 Wn.

12014–2014
State v. Gosby green
wash · 1975
2 sentences

2013Ed. 2d 747 (1972), overruled on other grounds in State v. Gosbv. 85 Wn.2d 758 , 539 P.2d 680 (1975)). -4- No. 68150-8-1/5 The court considers the following factors to ascertain the potential for prejudice: (1) the strength of the State's evidence on each count; (2) the clarity of defenses to each count; (3) the court's instructions to the jury to consider the counts separately; and (4) the admissibility of the evidence of the other crimes even if not joined for trial.

2013Ed. 2d 747 (1972), overruled on other grounds in State v. Gosbv. 85 Wn.2d 758 , 539 P.2d 680 (1975)). -4- No. 68150-8-1/5 The court considers the following factors to ascertain the potential for prejudice: (1) the strength of the State's evidence on each count; (2) the clarity of defenses to each count; (3) the court's instructions to the jury to consider the counts separately; and (4) the admissibility of the evidence of the other crimes even if not joined for trial.

12013–2013
State v. Russell green
wash · 1994
2 sentences

2013State v. Russell. 125 Wn.2d 24, 63 , 882 P.2d 747 (1994).

2013State v. Russell. 125 Wn.2d 24, 63 , 882 P.2d 747 (1994).

12013–2013
State v. Fain green
wash · 1980
2 sentences

2012State v. Fain, 94 Wn.2d 387, 397 , 617 P.2d 720 (1980); Flores, 114 Wn.

2012State v. Fain, 94 Wn.2d 387, 397 , 617 P.2d 720 (1980); Flores, 114 Wn.

12012–2012
Bennett v. Hardy green
wash · 1990
1 sentence

2012Under Bennett, this court considers the following factors to determine whether there is an implied statutory cause of action: “[FJirst, whether the plaintiff is within the class for whose ‘especial’ benefit the statute was enacted; second, whether legislative intent, explicitly or implicitly, supports creating or denying a remedy; and third, whether implying a remedy is consistent with the underlying purpose of the legislation.” Bennett, 113 Wn.2d at 920-21 .

12012–2012
State v. Flores green
washctapp · 2002
1 sentence

2012State v. Fain, 94 Wn.2d 387, 397 , 617 P.2d 720 (1980); Flores, 114 Wn.

12012–2012
Besel v. Viking Ins. Co. of Wisconsin green
wash · 2002
1 sentence

2009Besel, 146 Wash.2d at 738 , 49 P.3d 887 ; Chaussee, 60 Wash.App. at 512 , 803 P.2d 1339 (quoting Glover v. Tacoma Gen.

12009–2009
Compassion In Dying v. State Of Washington green
ca9 · 1996
1 sentence

1997Compassion in Dying, 79 F.3d at 816 .

11997–1997

Statutes the citing opinions construe

WA § Wash. Rev. Code § 10.61.006 (3) WA § Wash. Rev. Code § 9A.56.190 (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

TN 208 (2000–2025) IL 30 (1990–2025) MS 20 (1995–2024) WA 16 (1997–2024) MI 15 (2014–2025) PA 12 (1998–2024) NC 12 (1998–2026) NE 11 (1999–2022) NJ 9 (2013–2025) AR 8 (1993–2020) IA 8 (2010–2024) TX 7 (2005–2018) OH 7 (2007–2025) AL 7 (1997–2017) CA 6 (2020–2026) DE 6 (2009–2021) MO 5 (1994–2018) WI 5 (1999–2025) SC 5 (2004–2023) RI 4 (2009–2011) SD 4 (1991–2025) NV 4 (2016–2018) DC 3 (1994–2002) OK 3 (1993–2004) VT 3 (2006–2025) OR 2 (2002–2018) KS 2 (2015–2020) KY 2 (2025–2026) MN 2 (1993–1999) MD 2 (2019–2019) AK 2 (1993–1993) ID 2 (1993–2003) IN 2 (1999–2003) WY 2 (2013–2013) LA 2 (2011–2016)

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.

← Caselaw search · G Cite Topics · Brief Check