instructions presumption in Washington

15 Washington opinions name it 2 courts 1937–2026 3 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)

Case	Followed	Cited
CARNATION COMPANY, INC. v. Hillgreen wash · 1990 · cited in 3 Washington opinions naming this issue, 2020–2026 2 sentences 2026See, e.g., Carnation Co. v. Hill, 115 Wn.2d 184, 187 , 796 P.2d 416 (1990) (“A jury is presumed to follow the court’s instructions and that presumption will prevail until it is overcome by a showing otherwise.”). 2026See, e.g., Carnation Co. v. Hill, 115 Wn.2d 184, 187 , 796 P.2d 416 (1990) (“A jury is presumed to follow the court’s instructions and that presumption will prevail until it is overcome by a showing otherwise.”).	2	3
State v. Sublettgreen wash · 2012 · cited in 2 Washington opinions naming this issue, 2014–2014 2 sentences 2014Justice Stephens concurred in Sublett for the same reason, stating that “the answer to this question should be the same for a hearing responding to a jury question about the instructions as for a hearing addressing jury instructions in the first instance.” Id. at 141 (Stephens, J, concurring). 2014Justice Stephens concurred in Sublett for the same reason, stating that "the answer to this question should be the same for a hearing responding to a jury question about the instructions as for a hearing addressing jury instructions in the first instance." Id. at 141 (Stephens, J., concurring).	2	2
State v. Johnstongreen wash · 2006 · cited in 2 Washington opinions naming this issue, 2010–2010 2 sentences 2010Because they did not comply with the First Amendment's "true threat" requirement, the instructions given at trial allowed the jury to convict Schaler based on his utterance of protected speech. [5] See Johnston, 156 Wash.2d at 364-65 , 127 P.3d 707 (holding that the failure to instruct on "true threat" was not harmless because the evidence was close on whether the defendant had the appropriate mens rea). 2010Because they did not comply with the First Amendment’s “true threat” requirement, the instructions given at trial allowed the jury to convict Schaler based on his utterance of protected speech. 5 See Johnston, 156 Wn.2d at 364-65 (holding that the failure to instruct on “true threat” was not harmless because the evidence was close on whether the defendant had the appropriate mens rea).	1	2
State v. Steingreen wash · 2001 · cited in 1 Washington opinions naming this issue, 2025–2025 1 sentence 2025See State v. Stein, 144 Wn.2d 236, 247 , 27 P.3d 184 (2001); State v. Keend, 140 Wn.	1	1
State v. Steingreen wash · 2001 · cited in 1 Washington opinions naming this issue, 2025–2025 1 sentence 2025See State v. Stein, 144 Wn.2d 236, 247 , 27 P.3d 184 (2001); State v. Keend, 140 Wn.	1	1
State v. Allengreen wash · 2015 · cited in 1 Washington opinions naming this issue, 2021–2021 2 sentences 2021But “[a] jury is presumed to follow the court's instructions and that presumption will prevail until it is overcome by a showing otherwise.” Carnation Co., Inc. v. Hill, 115 Wn.2d 184, 187 , 796 P.2d 416 (1990); see also State v. Allen, 182 Wn.2d 364, 380 , 341 P.3d 268 (2015). 2021But “[a] jury is presumed to follow the court's instructions and that presumption will prevail until it is overcome by a showing otherwise.” Carnation Co., Inc. v. Hill, 115 Wn.2d 184, 187 , 796 P.2d 416 (1990); see also State v. Allen, 182 Wn.2d 364, 380 , 341 P.3d 268 (2015).	1	1
Horwath v. Washington Water Power Co.green wash · 1966 · cited in 1 Washington opinions naming this issue, 1967–1967 2 sentences 1967See Horwath v. Washington Water Power Co., 68 Wn.2d 835 , 416 P.2d 92 (1966); Burlingham-Meeker Co. v. Thomas, 58 Wn.2d 79 , 360 P.2d 1033 (1961); Klise v. Seattle, 52 Wn.2d 412 , 325 P.2d 888 (1958). 1967See Horwath v. Washington Water Power Co., 68 Wn.2d 835 , 416 P.2d 92 (1966); Burlingham-Meeker Co. v. Thomas, 58 Wn.2d 79 , 360 P.2d 1033 (1961); Klise v. Seattle, 52 Wn.2d 412 , 325 P.2d 888 (1958).	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 (10)

Case	Cited	Years
State v. Keend green washctapp · 2007 1 sentence 2025See State v. Stein, 144 Wn.2d 236, 247 , 27 P.3d 184 (2001); State v. Keend, 140 Wn.	1	2025–2025
State v. Schaler green wash · 2010 1 sentence 2013Schaler, 169 Wn.2d at 286-87 .	1	2013–2013
In Re Petition of Fields green wash · 2009 1 sentence 2011Because the First Amendment requires negligence as to the result but the instructions here required no mens rea as to result, the jury could have convicted Schaler based on something less than a "true threat." The instructions were therefore in error. *798 Id. at 287, 236 P.3d 858 (alteration in original) (footnote omitted).	1	2011–2011
State v. Johnston green wash · 2006 1 sentence 2010Because they did not comply with the First Amendment's "true threat" requirement, the instructions given at trial allowed the jury to convict Schaler based on his utterance of protected speech. [5] See Johnston, 156 Wash.2d at 364-65 , 127 P.3d 707 (holding that the failure to instruct on "true threat" was not harmless because the evidence was close on whether the defendant had the appropriate mens rea).	1	2010–2010
Tennant v. Roys green washctapp · 1986 2 sentences 1990Tennant v. Roys, 44 Wn. 1990Tennant v. Roys, 44 Wn.	1	1990–1990
Estate of Ryder v. Kelly-Springfield Tire Co. green wash · 1978 2 sentences 1983Estate of Ryder v. Kelly-Springfield Tire Co., 91 Wn.2d 111 , 587 P.2d 160 (1978); 1 J. 1983Estate of Ryder v. Kelly-Springfield Tire Co., 91 Wn.2d 111 , 587 P.2d 160 (1978); 1 J.	1	1983–1983
Wold v. Jones green wash · 1962 2 sentences 1969In support of this contention, defendant cites Wold v. Jones, 60 Wn.2d 327, 329 , 373 P.2d 805 (1962), where the following assignments of error were made: “The trial court erred: “1. 1969In support of this contention, defendant cites Wold v. Jones, 60 Wn.2d 327, 329 , 373 P.2d 805 (1962), where the following assignments of error were made: “The trial court erred: “1.	1	1969–1969
Klise v. City of Seattle green wash · 1958 2 sentences 1967See Horwath v. Washington Water Power Co., 68 Wn.2d 835 , 416 P.2d 92 (1966); Burlingham-Meeker Co. v. Thomas, 58 Wn.2d 79 , 360 P.2d 1033 (1961); Klise v. Seattle, 52 Wn.2d 412 , 325 P.2d 888 (1958). 1967See Horwath v. Washington Water Power Co., 68 Wn.2d 835 , 416 P.2d 92 (1966); Burlingham-Meeker Co. v. Thomas, 58 Wn.2d 79 , 360 P.2d 1033 (1961); Klise v. Seattle, 52 Wn.2d 412 , 325 P.2d 888 (1958).	1	1967–1967
Burlingham-Meeker Co. v. Thomas neutral wash · 1961 2 sentences 1967See Horwath v. Washington Water Power Co., 68 Wn.2d 835 , 416 P.2d 92 (1966); Burlingham-Meeker Co. v. Thomas, 58 Wn.2d 79 , 360 P.2d 1033 (1961); Klise v. Seattle, 52 Wn.2d 412 , 325 P.2d 888 (1958). 1967See Horwath v. Washington Water Power Co., 68 Wn.2d 835 , 416 P.2d 92 (1966); Burlingham-Meeker Co. v. Thomas, 58 Wn.2d 79 , 360 P.2d 1033 (1961); Klise v. Seattle, 52 Wn.2d 412 , 325 P.2d 888 (1958).	1	1967–1967
Potter v. Jaurez green wash · 1937 2 sentences 1937Potter v. Jaurez, 189 Wash. 476 , 66 P. (2d) 290 . 1937Potter v. Jaurez, 189 Wash. 476 , 66 P. (2d) 290 .	1	1937–1937

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.46.020 (5) WA § Wash. Rev. Code § 9.61.160 (3) WA § Wash. Rev. Code § 9A.04.110 (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

CA 40 (1903–2026) IL 23 (1907–2024) MA 22 (1942–2021) WA 15 (1937–2026) GA 13 (1925–2026) MI 11 (1969–2023) MO 11 (1901–2023) TX 10 (1976–2024) NY 9 (1972–2016) IA 9 (1856–2014) KY 9 (1940–2024) KS 8 (1915–2024) TN 7 (1970–2018) CO 7 (1972–2012) MD 7 (1967–2020) IN 7 (1891–2019) NV 7 (1968–2017) OH 6 (1990–2026) FL 6 (1981–2013) NC 6 (1951–2025) CT 5 (1983–2012) MS 5 (1884–1982) OR 5 (1940–2024) OK 5 (1924–1997) NM 5 (1932–2023) AZ 4 (1994–2016) AL 4 (1992–2014) PA 4 (1971–2021) MT 4 (1930–2017) MN 4 (1916–2017) WI 3 (1991–2021) ND 3 (1955–1983) NE 3 (1940–1991) NJ 3 (2006–2022) VT 2 (2002–2016) VA 2 (1936–2023)

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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