mitigating and aggravating factors (Washington) · Go Syfert
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mitigating and aggravating factors in Washington

15 Washington opinions name it 2 courts 2000–2021 1 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 (4)

CaseFollowedCited
Valentine v. Department of Licensinggreen
washctapp · 1995 · cited in 2 Washington opinions naming this issue, 2011–2011
2 sentences

2011See Valentine v. Dep't of Licensing, 77 Wash.App. 838, 846 , 894 P.2d 1352 (findings incorrectly denominated as conclusions are reviewed as findings), review denied, 127 Wash.2d 1020 , 904 P.2d 300 (1995). [8] Bricker assigns error to some of the trial court's findings of fact but does not support these assignments with argument, so we do not consider them further.

2011See Valentine v. Dep't of Licensing, 77 Wash.App. 838, 846 , 894 P.2d 1352 (findings incorrectly denominated as conclusions are reviewed as findings), review denied, 127 Wash.2d 1020 , 904 P.2d 300 (1995). [8] Bricker assigns error to some of the trial court's findings of fact but does not support these assignments with argument, so we do not consider them further.

22
In Re Halversongreen
wash · 2000 · cited in 1 Washington opinions naming this issue, 2012–2012
2 sentences

2012See In re Disciplinary Proceeding Against Halverson, 140 Wn.2d 475, 504 , 998 P.2d 833 (2000) (Johnson, J, concurring and dissenting) (delineating numerous cases where we have imposed a suspension of less than six months), abrogated on other grounds by In re Disciplinary Proceeding Against Anschell, 149 Wn.2d 484 , 69 P.3d 844 (2003).

2012See In re Disciplinary Proceeding Against Halverson, 140 Wn.2d 475, 504 , 998 P.2d 833 (2000) (Johnson, J, concurring and dissenting) (delineating numerous cases where we have imposed a suspension of less than six months), abrogated on other grounds by In re Disciplinary Proceeding Against Anschell, 149 Wn.2d 484 , 69 P.3d 844 (2003).

11
In re the Disciplinary Proceeding Against Anschellgreen
wash · 2003 · cited in 1 Washington opinions naming this issue, 2012–2012
1 sentence

2012See In re Disciplinary Proceeding Against Halverson, 140 Wn.2d 475, 504 , 998 P.2d 833 (2000) (Johnson, J, concurring and dissenting) (delineating numerous cases where we have imposed a suspension of less than six months), abrogated on other grounds by In re Disciplinary Proceeding Against Anschell, 149 Wn.2d 484 , 69 P.3d 844 (2003).

11
Matter of Disciplinary Proceeding Against Anschellgreen
wash · 2003 · cited in 1 Washington opinions naming this issue, 2012–2012
1 sentence

2012See In re Disciplinary Proceeding Against Halverson, 140 Wn.2d 475, 504 , 998 P.2d 833 (2000) (Johnson, J, concurring and dissenting) (delineating numerous cases where we have imposed a suspension of less than six months), abrogated on other grounds by In re Disciplinary Proceeding Against Anschell, 149 Wn.2d 484 , 69 P.3d 844 (2003).

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 (7)

CaseCitedYears
Yousoufian v. Office of Ron Sims green
wash · 2010
2 sentences

2015As to the second, a user agreement for fingerprint-based Washington rap sheets, the division commander stated that for the DOC to provide a copy of such a rap sheet to the rap sheet’s subject “would not breach the [automated fingerprint modification system] user agreement with the [state patrol].” Id. at 275 . f 21 With this scant support for the DOC’s actions in hand, the trial court looked to the mitigating and aggravating factors identified in Yousoufian v. Office of Ron Sims, 168 Wn.2d 444 , 229 P.3d 735 (2010) (Yousoufian 2010) to aid assessment of the culpability of an agency that has vi

2015As to the second, a user agreement for fingerprint-based Washington rap sheets, the division commander stated that for the DOC to provide a copy of such a rap sheet to the rap sheet’s subject “would not breach the [automated fingerprint modification system] user agreement with the [state patrol].” Id. at 275 . f 21 With this scant support for the DOC’s actions in hand, the trial court looked to the mitigating and aggravating factors identified in Yousoufian v. Office of Ron Sims, 168 Wn.2d 444 , 229 P.3d 735 (2010) (Yousoufian 2010) to aid assessment of the culpability of an agency that has vi

52014–2016
In re the Disciplinary Proceeding Against Christopher green
wash · 2005
2 sentences

2007In re Christopher, 153 Wash.2d 669 , 105 P.3d 976 . ¶ 60 The WSBA argues Dynan did not involve false testimony and the attorney did not act with a dishonest or selfish motive.

2007Christopher, 153 Wn.2d 669 . ¶60 The WSBA argues Dynan did not involve false testimony and the attorney did not act with a dishonest or selfish motive.

22007–2007
In re the Disciplinary Proceeding Against Kuvara green
wash · 2003
2 sentences

2006Kuvara, 149 Wash.2d at 259 , 66 P.3d 1057 ; Noble, 100 Wash.2d at 95-96 , 667 P.2d 608 .

2006Kuvara, 149 Wn.2d at 259 ; Noble, 100 Wn.2d at 95-96 .

22006–2006
Disciplinary Proceeding v. Noble green
wash · 1983
2 sentences

2006Kuvara, 149 Wash.2d at 259 , 66 P.3d 1057 ; Noble, 100 Wash.2d at 95-96 , 667 P.2d 608 .

2006Kuvara, 149 Wn.2d at 259 ; Noble, 100 Wn.2d at 95-96 .

22006–2006
In Re the Disciplinary Proceeding Against Johnson green
wash · 1992
2 sentences

2000We next consider whether the Board properly examined the mitigating and aggravating factors to decide whether such factors warranted an alteration of the presumed sanction, Johnson, 118 Wash.2d at 701 , 826 P.2d 186 , and, if not, what affect such factors should have on the length of suspension.

2000We next consider whether the Board properly examined the mitigating and aggravating factors to decide whether such factors warranted an alteration of the presumed sanction, Johnson, 118 Wn.2d at 701 , and, if not, what affect such factors should have on the length of suspension.

22000–2000
State v. Ziglar green
ncctapp · 2011
2 sentences

2021Fletcher cites to State v. Ziglar, 209 N.C. App. 461 , 705 S.E.2d 417 (2011), where a trial court held that an aggravating factor and a mitigating factor “essentially cancel each other out.” Ziglar, 209 N.C. App. at 463 .

2021Fletcher cites to State v. Ziglar, 209 N.C. App. 461 , 705 S.E.2d 417 (2011), where a trial court held that an aggravating factor and a mitigating factor “essentially cancel each other out.” Ziglar, 209 N.C. App. at 463 .

12021–2021
State v. Davis green
washctapp · 1987
1 sentence

2021We disagree. 9 Trial courts are not required “to enter into a balancing of aggravating and mitigating factors on the record.” Davis, 47 Wn. App. at 96-98 .

12021–2021

Statutes the citing opinions construe

WA § Wash. Rev. Code § 42.56.550 (6) WA § Wash. Rev. Code § 42.56.070 (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

IL 65 (1990–2026) CA 32 (1979–2026) IN 23 (1987–2020) NJ 21 (1986–2025) WA 15 (2000–2021) OH 11 (2006–2020) GA 8 (2012–2026) PA 8 (2017–2025) NY 7 (2015–2026) RI 5 (2002–2003) MN 5 (2000–2016) CO 5 (1990–2025) DC 3 (1989–2000) AZ 3 (1994–2026) ME 3 (1998–2023) FL 3 (1989–2014) UT 2 (2015–2016) WV 2 (2006–2021) WI 2 (2010–2014) MD 2 (2021–2022) ID 2 (1998–2023) NC 2 (2021–2021)

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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