107 Washington opinions name it 2 courts 1986–2026 17 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. Berlingreen2 sentences2015In Berlin, 133 Wn.2d at 543-44 , the State wanted a lesser included instruction that was prohibited under Lucky; in Warden, 133 Wn.2d at 561 , the defendant wanted the instruction. 2015In Berlin, 133 Wn.2d at 543-44 , the State wanted a lesser included instruction that was prohibited under Lucky, in Warden, 133 Wn.2d at 561 , the defendant wanted the instruction. ¶23 In both Berlin and Warden, the defendant had actually been charged with both intentional murder and felony murder. | 3 | 15 |
State v. Woodgreen2 sentences2015Our lesser included jurisprudence has long emphasized the purpose of offering a lesser included instruction is not to "'invite the jury to find for a lower grade than is made by the evidence."' State v. McPhail, 39 Wash. 199, 205 , 81 P. 683 (1905) (quoting State v. Wood, 124 Mo. 412 , 27 S.W. 1114, 1114 (1894) and citing State v. Bailey, 31 Wash. 89, 96 , 71 P. 715 (1903)). 2015Our lesser included jurisprudence has long emphasized the purpose of offering a lesser included instruction is not to "'invite the jury to find for a lower grade than is made by the evidence."' State v. McPhail, 39 Wash. 199, 205 , 81 P. 683 (1905) (quoting State v. Wood, 124 Mo. 412 , 27 S.W. 1114, 1114 (1894) and citing State v. Bailey, 31 Wash. 89, 96 , 71 P. 715 (1903)). | 3 | 3 |
State v. Fernandez-Medinagreen2 sentences2021The lesser included instruction “should be administered if the evidence would permit a jury to rationally find a defendant guilty of the lesser offense and acquit him of the greater.” Fernandez-Medina, 141 Wn.2d at 456 . 2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins | 2 | 11 |
State v. Fernandez-Medinagreen2 sentences2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins 2017State v. Fernandez-Medina, 141 Wn.2d 448 , 455- 56, 6 P.3d 1150 (2000). | 2 | 6 |
State v. Hassangreen2 sentences2018App. 209, 218 , 211 P.3d 441 (2009). 4 The parties’ briefs address whether Classen’s counsel was ineffective for failing to propose a lesser included instruction. 2011App. 209, 221 , 211 P.3d 441 (2009) (“On this record, because the only chance for an acquittal was to not request a lesser included instruction, we conclude that the decision to pursue an all-or-nothing strategy was not objectively unreasonable.”). | 2 | 4 |
State v. Lyongreen2 sentences2024Id. at 451 . 2002This argument is of little persuasiveness, given that we have never directly addressed the language of the 1976 second degree felony murder statute in this context. [3] The court in State v. Lyon, 96 Wash.App. 447, 450 , 979 P.2d 926 (1999) found a lesser included instruction on assault was appropriate where there was evidence from which the jury could conclude that the death resulted from a later, unrelated assault by another person. [4] Andress also contends that the harshness of using assault as a predicate felony for second degree felony murder is exacerbated by decisions of the Court of A | 2 | 3 |
State v. Griergreen2 sentences2022Restraint of Crace, 174 Wn.2d 835, 847 , 280 P.3d 1102 (2012) (citing Strickland, 466 U.S. at 697 ). 8 Lui, 188 Wn.2d at 539 (citing State v. Grier, 171 Wn.2d 17, 33 , 246 P.3d 1260 (2011)). 9 Id. (citing Grier, 171 Wn.2d at 33 ). 4 No. 82254-3-I/5 strategy or tactics, performance is not deficient.”10 “‘A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.’”11 Morrison contends the only leg 2022Restraint of Crace, 174 Wn.2d 835, 847 , 280 P.3d 1102 (2012) (citing Strickland, 466 U.S. at 697 ). 8 Lui, 188 Wn.2d at 539 (citing State v. Grier, 171 Wn.2d 17, 33 , 246 P.3d 1260 (2011)). 9 Id. (citing Grier, 171 Wn.2d at 33 ). 4 No. 82254-3-I/5 strategy or tactics, performance is not deficient.”10 “‘A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.’”11 Morrison contends the only leg | 1 | 13 |
State v. Berlingreen2 sentences2015Second, evidence in the case must support an inference that the lesser crime was committed."38 In other words, "if it is possible to commit the greater offense without committing the lesser offense, the latter is not an included crime.39 In State v. Harris, our State Supreme Court held that assault is not a lesser included offense of attempted murder because the legal prong ofWorkman has not been met.40 The Court reasoned that the substantial step required to prove attempted murder does not necessarily require commission of an assault.41 Hubbard contends that Harris is no longer good law after 1999State v. Tamalini, 134 Wash.2d 725, 728-29 , 953 P.2d 450 (1998); State v. Gostol, 92 Wash. App. 832 , 965 P.2d 1121, 1122 (1998), citing State v. Berlin, 133 Wash.2d 541, 545-46 , 947 P.2d 700 (1997), affirming the lesser included test established in State v. Workman, 90 Wash.2d 443, 447-48 , 584 P.2d 382 (1978). | 1 | 8 |
State v. Hassangreen2 sentences2016Hassan, 151 Wn. 2011State v. Hassan, 151 Wash.App. 209, 221 , 211 P.3d 441 (2009) ("On this record, because the only chance for an acquittal was to not request a lesser included instruction, we conclude that the decision to pursue an all or nothing strategy was not objectively unreasonable."). | 1 | 5 |
State v. Virginia Wardengreen2 sentences2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins 2015In Berlin, 133 Wn.2d at 543-44 , the State wanted a lesser included instruction that was prohibited under Lucky; in Warden, 133 Wn.2d at 561 , the defendant wanted the instruction. | 1 | 4 |
State v. Tamalinigreen2 sentences2015These issues include whether felony murder can ever be considered a greater offense with respect to manslaughter7 and whether 7 Compare State v. Tamalini, 134 Wn.2d 725, 728-36 , 953 P .2d 450 (1998) (holding that the defendant, who was charged with felony murder, was not entitled to a lesser included instruction on manslaughter, because manslaughter is neither a lesser included 17 State v. Condon (Joel), No. 88854-0 felony murder can be an alternative offense to, or a lesser included offense of, aggravated premeditated 2015Compare State v. Tamalini, 134 Wn.2d 725, 728-36 , 953 P.2d 450 (1998) (holding that the defendant, who was charged with felony murder, was not entitled to a lesser included instruction on manslaughter, because manslaughter is neither a lesser included offense nor an inferior degree crime with respect to felony murder), with Schaffer, 135 Wn.2d at 358-59 (remanding for retrial on sole charge of felony murder, recognizing that the evidence supported an inference that only manslaughter occurred, and holding that the defendant would be entitled to a “lesser offense” instruction on manslaughter ev | 1 | 4 |
State v. Gostolgreen2 sentences1999App. 832, 835 , 965 P.2d 1121 (1998) (citing State v. Berlin, 133 Wn.2d at 545-46 , affirming the lesser included test established in State v. Workman, 90 Wn.2d 443, 447-48 , 584 P.2d 382 (1978)). 1999State v. Tamalini, 134 Wash.2d 725, 728-29 , 953 P.2d 450 (1998); State v. Gostol, 92 Wash. App. 832 , 965 P.2d 1121, 1122 (1998), citing State v. Berlin, 133 Wash.2d 541, 545-46 , 947 P.2d 700 (1997), affirming the lesser included test established in State v. Workman, 90 Wash.2d 443, 447-48 , 584 P.2d 382 (1978). | 1 | 3 |
| State v. Kyllogreen | 1 | 2 |
| State v. Tamalinigreen | 1 | 2 |
| State v. Lyongreen | 1 | 2 |
| State v. Currangreen | 1 | 2 |
| State v. Browngreen | 1 | 1 |
| State v. Smithgreen | 1 | 1 |
| State v. Browngreen | 1 | 1 |
| State v. Schaffergreen | 1 | 1 |
| State v. Jeffriesgreen | 1 | 1 |
| State of Iowa v. David Lee Millergreen | 1 | 1 |
| State v. Brunsongreen | 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. Workman
green
2 sentences2021App. 56, 64 , 14 P.3d 884 (2000), and the Workman test is used to determine if a lesser included offense instruction is warranted, State v. Fernandez-Medina, 141 Wn.2d 448, 454 , 6 P.3d 1150 (2000) (citing Workman, 90 Wn.2d at 447-48 ). 15 Fernandez-Medina, 141 Wn.2d at 456 (quoting State v. Warden, 133 Wn.2d 559, 563 , 947 P.2d 708 (1997)). 16 Hahn, 174 Wn.2d at 129 (citing State v. Wilson, 125 Wn.2d 212, 218 , 883 P.2d 320 (1994)). 10 No. 80768-4-I/11 included offense of an attempted touching occurred,17 the trial court did not abuse its discretion by refusing to give the lesser included ins 2019Artiaga contends and the State does not dispute that had his attorney proposed the lesser included instruction on criminal trespass, the court would have granted the request under State v. Workman, 90 Wn.2d 443 , 584 P.2d 382 (1978). | 21 | 1994–2021 |
State v. Coryell
green
2 sentences2025The factual prong of Workman is satisfied only if based on some evidence admitted, the jury could reject the greater charge and return a guilty verdict on the lesser. 197 Wn.2d 397, 406-07 , 483 P.3d 98 (2021). 2023It was because of that statement by the trial court that our Supreme Court, quoting Coryell, 197 Wn.2d at 414-15 , wrote We take this opportunity to reaffirm that the members of the jury, not the trial judge, are “the sole and exclusive judges of the evidence.” Thus, genuine questions of credibility must be left to “the jury’s decision.” We reaffirm that it is an abuse of discretion for a trial court to “weigh[ ] the evidence and deny[ ] a lesser included instruction when the evidence presented should have been weighed by the jury.” Avington, slip op. at 21-22 (internal citations omitted). | 4 | 2023–2025 |
State v. Grier
green
2 sentences2022Restraint of Crace, 174 Wn.2d 835, 847 , 280 P.3d 1102 (2012) (citing Strickland, 466 U.S. at 697 ). 8 Lui, 188 Wn.2d at 539 (citing State v. Grier, 171 Wn.2d 17, 33 , 246 P.3d 1260 (2011)). 9 Id. (citing Grier, 171 Wn.2d at 33 ). 4 No. 82254-3-I/5 strategy or tactics, performance is not deficient.”10 “‘A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.’”11 Morrison contends the only leg 2022Restraint of Crace, 174 Wn.2d 835, 847 , 280 P.3d 1102 (2012) (citing Strickland, 466 U.S. at 697 ). 8 Lui, 188 Wn.2d at 539 (citing State v. Grier, 171 Wn.2d 17, 33 , 246 P.3d 1260 (2011)). 9 Id. (citing Grier, 171 Wn.2d at 33 ). 4 No. 82254-3-I/5 strategy or tactics, performance is not deficient.”10 “‘A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.’”11 Morrison contends the only leg | 4 | 2016–2022 |
State v. King
green
2 sentences2011Br. of Resp't at 6-9; Grier, 150 Wash.App. at 641 , 208 P.3d 1221 . ¶ 47 In State v. King, 24 Wash.App. 495 , 601 P.2d 982 (1979), a decision predating Strickland , the Court of Appeals held that the decision not to request a lesser included instruction on simple assault was a legitimate all or nothing tactic that did not amount to ineffective assistance of counsel. 2011App. 495 , 601 P.2d 982 (1979), a decision predating Strickland , the Court of Appeals held that the decision not to request a lesser included instruction on simple assault was a legitimate all or nothing tactic that did not amount to ineffective assistance of counsel. | 4 | 2009–2011 |
State v. Ward
green
2 sentences2009App. 243 , 104 P.3d 670 (2004), Hassan asserts that his attorney provided ineffective assistance of counsel by pursuing an all- or-nothing strategy and failing to request a lesser included instruction. 2009Relying on our decision in State v. Ward, 125 Wash.App. 243 , 104 P.3d 670 (2004), Hassan asserts that his attorney provided ineffective assistance of counsel by pursuing an all or nothing strategy and failing to request a lesser included instruction. | 4 | 2009–2011 |
State v. Ward
green
2 sentences2011Ward, 125 Wn. 2009Relying on our decision in State v. Ward, 125 Wash.App. 243 , 104 P.3d 670 (2004), Hassan asserts that his attorney provided ineffective assistance of counsel by pursuing an all or nothing strategy and failing to request a lesser included instruction. | 4 | 2009–2011 |
Strickland v. Washington
green
2 sentences2022Restraint of Crace, 174 Wn.2d 835, 847 , 280 P.3d 1102 (2012) (citing Strickland, 466 U.S. at 697 ). 8 Lui, 188 Wn.2d at 539 (citing State v. Grier, 171 Wn.2d 17, 33 , 246 P.3d 1260 (2011)). 9 Id. (citing Grier, 171 Wn.2d at 33 ). 4 No. 82254-3-I/5 strategy or tactics, performance is not deficient.”10 “‘A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.’”11 Morrison contends the only leg 2022Restraint of Crace, 174 Wn.2d 835, 847 , 280 P.3d 1102 (2012) (citing Strickland, 466 U.S. at 697 ). 8 Lui, 188 Wn.2d at 539 (citing State v. Grier, 171 Wn.2d 17, 33 , 246 P.3d 1260 (2011)). 9 Id. (citing Grier, 171 Wn.2d at 33 ). 4 No. 82254-3-I/5 strategy or tactics, performance is not deficient.”10 “‘A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.’”11 Morrison contends the only leg | 3 | 2015–2022 |
State v. Condon
green
2 sentences2020Condon, 182 Wn.2d at 316 . 6 No. 52369-8-II When determining if the evidence was sufficient to support the lesser included offense instruction, courts view the evidence in the light most favorable to the party requesting the instruction. 2020Condon, 182 Wn.2d at 316 . | 3 | 2017–2020 |
State v. Stevens
green
2 sentences2019State v. Stevens, 158 Wn.2d 304, 311 , 143 P.3d 817 (2006). 2018He argues that he was never charged with criminal trespass 12 See State v. Stevens, 158 Wn.2d 304, 310 , 143 P.3d 817 (2006). 5 No. 75962-1-1/6 and the State failed to request the lesser included instruction, so his conviction on that offense must be set aside. | 3 | 2018–2019 |
State v. Stevens
green
2 sentences2019State v. Stevens, 158 Wn.2d 304, 311 , 143 P.3d 817 (2006). 2018He argues that he was never charged with criminal trespass 12 See State v. Stevens, 158 Wn.2d 304, 310 , 143 P.3d 817 (2006). 5 No. 75962-1-1/6 and the State failed to request the lesser included instruction, so his conviction on that offense must be set aside. | 3 | 2018–2019 |
State v. Ginn
green
2 sentences2019State v. Ginn, 128 Wn. 2014State v. Ginn, 128 Wn. | 3 | 2014–2019 |
State v. Hoffman
green
2 sentences2009App. 495, 501 , 601 P.2d 982 (1979); State v. Hoffman, 116 Wn.2d 51 , 804 P.2d 577 (1991). 5 In King , a prosecution for assault in the second degree, this court held that counsel was not deficient in failing to request a lesser included instruction on simple assault because “[i]t was an all-or-nothing tactic that well could have resulted in an outright acquittal.” King, 24 Wn. 2009App. 495, 501 , 601 P.2d 982 (1979); State v. Hoffman, 116 Wn.2d 51 , 804 P.2d 577 (1991). 5 In King , a prosecution for assault in the second degree, this court held that counsel was not deficient in failing to request a lesser included instruction on simple assault because “[i]t was an all-or-nothing tactic that well could have resulted in an outright acquittal.” King, 24 Wn. | 3 | 2009–2015 |
State v. Gresham
green
2 sentences2015A nonconstitutional error is harmless '"unless, 6 State v. No. Condon, 88854-0 (Gonzalez, J., dissenting) within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.'" State v. Gresham, 173 Wn.2d 405, 425 , 269 P.3d 207 (2012) (internal quotation marks omitted) (quoting State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). 2015A nonconstitutional error is harmless '"unless, 6 State v. No. Condon, 88854-0 (Gonzalez, J., dissenting) within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.'" State v. Gresham, 173 Wn.2d 405, 425 , 269 P.3d 207 (2012) (internal quotation marks omitted) (quoting State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). | 3 | 2015–2015 |
State v. Pettus
green
2 sentences2015Watters argues that in concluding that a lesser included instruction would not have been available on Count I, the trial court was relying on State v. Pettus. 89 Wn. 2015App. 688 , 951 P.2d 284 (1998) and State v. Pastrana. 94 Wn. | 3 | 2001–2015 |
State v. Smith
green
2 sentences2015A nonconstitutional error is harmless '"unless, 6 State v. No. Condon, 88854-0 (Gonzalez, J., dissenting) within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.'" State v. Gresham, 173 Wn.2d 405, 425 , 269 P.3d 207 (2012) (internal quotation marks omitted) (quoting State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). 2015A nonconstitutional error is harmless '"unless, 6 State v. No. Condon, 88854-0 (Gonzalez, J., dissenting) within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.'" State v. Gresham, 173 Wn.2d 405, 425 , 269 P.3d 207 (2012) (internal quotation marks omitted) (quoting State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). | 3 | 2015–2015 |
State v. Bailey
green
2 sentences2015Our lesser included jurisprudence has long emphasized the purpose of offering a lesser included instruction is not to "'invite the jury to find for a lower grade than is made by the evidence."' State v. McPhail, 39 Wash. 199, 205 , 81 P. 683 (1905) (quoting State v. Wood, 124 Mo. 412 , 27 S.W. 1114, 1114 (1894) and citing State v. Bailey, 31 Wash. 89, 96 , 71 P. 715 (1903)). 2015Our lesser included jurisprudence has long emphasized the purpose of offering a lesser included instruction is not to "'invite the jury to find for a lower grade than is made by the evidence."' State v. McPhail, 39 Wash. 199, 205 , 81 P. 683 (1905) (quoting State v. Wood, 124 Mo. 412 , 27 S.W. 1114, 1114 (1894) and citing State v. Bailey, 31 Wash. 89, 96 , 71 P. 715 (1903)). | 3 | 2015–2015 |
State v. McPhail
green
2 sentences2015Our lesser included jurisprudence has long emphasized the purpose of offering a lesser included instruction is not to "'invite the jury to find for a lower grade than is made by the evidence."' State v. McPhail, 39 Wash. 199, 205 , 81 P. 683 (1905) (quoting State v. Wood, 124 Mo. 412 , 27 S.W. 1114, 1114 (1894) and citing State v. Bailey, 31 Wash. 89, 96 , 71 P. 715 (1903)). 2015Our lesser included jurisprudence has long emphasized the purpose of offering a lesser included instruction is not to "'invite the jury to find for a lower grade than is made by the evidence."' State v. McPhail, 39 Wash. 199, 205 , 81 P. 683 (1905) (quoting State v. Wood, 124 Mo. 412 , 27 S.W. 1114, 1114 (1894) and citing State v. Bailey, 31 Wash. 89, 96 , 71 P. 715 (1903)). | 3 | 2015–2015 |
State v. Guilliot
green
2 sentences2015State v. Guilliot, 106 Wn. 2015State v. Guilliot, 106 Wn. | 3 | 2015–2015 |
| State v. McClam green | 3 | 1999–2000 |
| State v. Labanowski green | 2 | 2022–2022 |
| State v. Henderson green | 2 | 2015–2018 |
| State v. Rodriguez green | 2 | 1992–2016 |
| State v. Young green | 2 | 2015–2015 |
| State v. Pastrana green | 2 | 2013–2015 |
| State v. Easterling green | 2 | 2013–2013 |
| State v. Jones green | 2 | 1986–2013 |
| State v. Easterling green | 2 | 2013–2013 |
| State v. Grier green | 2 | 2010–2011 |
| Keeble v. United States green | 2 | 2011–2011 |
| State v. Grier green | 2 | 2010–2011 |
| State v. Larkins green | 1 | 2025–2025 |
| State v. Bertrand green | 1 | 2025–2025 |
| State v. Gore green | 1 | 2023–2023 |
| State v. Hendrickson green | 1 | 2022–2022 |
| State v. Hendrickson green | 1 | 2022–2022 |
| In re the Personal Restraint of Crace green | 1 | 2022–2022 |
| State v. Kyllo green | 1 | 2022–2022 |
| State v. Wilson green | 1 | 2021–2021 |
| State v. Warden green | 1 | 2021–2021 |
| State v. Speece green | 1 | 2021–2021 |
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.