101 Washington opinions name it 2 courts 1992–2024 4 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. Knapstadgreen2 sentences2024FACTS 2 On July 17, 2022, Cortez-Dominguez drove himself and his two codefendants, J.T. and A.M.-T., 3 to a Walmart in Mount Vernon, Washington. 1 State v. Knapstad, 107 Wn.2d 346 , 729 P.2d 48 (1986). 2 In a pretrial Knapstad motion, the trial court examines the sufficiency of the evidence based on the facts in the affidavit. 2024FACTS 2 On July 17, 2022, Cortez-Dominguez drove himself and his two codefendants, J.T. and A.M.-T., 3 to a Walmart in Mount Vernon, Washington. 1 State v. Knapstad, 107 Wn.2d 346 , 729 P.2d 48 (1986). 2 In a pretrial Knapstad motion, the trial court examines the sufficiency of the evidence based on the facts in the affidavit. | 11 | 53 |
State v. Freiganggreen2 sentences2011See State v. Smith, 155 Wash.2d 496, 501 , 120 P.3d 559 (2005) (failure to raise hearsay objection below waives it on appeal); State v. Freigang, 115 Wash.App. 496, 508 , 61 P.3d 343 (2002) (Morgan, J., concurring) (when defendant challenges sufficiency with a Knapstad motion, the trial court needs to determine admissibility "to the extent it is contested" and then turn to sufficiency), review denied, 149 Wash.2d 1028 , 78 P.3d 656 (2003). 2007In Freigang , we noted that, unlike a civil summary judgment, “in a Knapstad motion, the State’s affidavit of probable cause and responding affidavit can be made by someone not competent to testify in the trial.” Freigang, 115 Wn. | 3 | 7 |
State v. Montanogreen2 sentences2024To survive a Knapstad motion, the State “must provide at least some evidence supporting each element of the crime charged to merit consideration by a jury.” State v. Montano, 169 Wn.2d 872, 879 , 239 P.3d 360 (2010). 2021To survive a Knapstad motion, “the State must provide at least some evidence supporting each element of the crime charged to merit 16 No. 37985-0-III State v. Woods consideration by a jury.” State v. Montano, 169 Wn.2d 872, 879 , 239 P.3d 360 (2010). | 2 | 8 |
State v. Montanogreen2 sentences2024To survive a Knapstad motion, the State “must provide at least some evidence supporting each element of the crime charged to merit consideration by a jury.” State v. Montano, 169 Wn.2d 872, 879 , 239 P.3d 360 (2010). 2021To survive a Knapstad motion, “the State must provide at least some evidence supporting each element of the crime charged to merit 16 No. 37985-0-III State v. Woods consideration by a jury.” State v. Montano, 169 Wn.2d 872, 879 , 239 P.3d 360 (2010). | 2 | 8 |
State v. O'Mearagreen2 sentences2017State v. O’Meara, 143 Wn. 2014State v. O’Meara, 143 Wn. | 2 | 7 |
State v. Groomgreen2 sentences2004App. 122, 127 , 47 P.3d 184 (2002), affd, 149 Wn.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wn.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion “does not include deciding whose version of events is correct,” but concerns whether the State has established “a prima facie case of guilt”). 2004"An appellate court will uphold the trial court's dismissal of a charge pursuant to a Knapstad motion if no rational finder of fact could have found beyond a reasonable doubt the essential elements of the crime." State v. Snedden, 112 Wash.App. 122, 127 , 47 P.3d 184 (2002), affirmed, 149 Wash.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wash.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion "does not include deciding whose version of events is correct," but concerns whether the State has established "a prima facie case of guilt."). | 2 | 6 |
State v. Groomgreen2 sentences2004App. 122, 127 , 47 P.3d 184 (2002), affd, 149 Wn.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wn.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion “does not include deciding whose version of events is correct,” but concerns whether the State has established “a prima facie case of guilt”). 2004"An appellate court will uphold the trial court's dismissal of a charge pursuant to a Knapstad motion if no rational finder of fact could have found beyond a reasonable doubt the essential elements of the crime." State v. Snedden, 112 Wash.App. 122, 127 , 47 P.3d 184 (2002), affirmed, 149 Wash.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wash.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion "does not include deciding whose version of events is correct," but concerns whether the State has established "a prima facie case of guilt."). | 2 | 6 |
State v. Contegreen2 sentences2018State v. Conte, 159 Wn.2d 797, 803 , 154 P.3d 194 , cert. denied, 552 U.S. 992 (2007). 2014See State v. Montano, 169 Wn.2d 872, 876 , 239 P.3d 360 (2010) (citing State v. Conte, 159 Wn.2d 797, 803 , 154 P.3d 194 (2007)). ii. | 2 | 3 |
State v. Contegreen2 sentences2018State v. Conte, 159 Wn.2d 797, 803 , 154 P.3d 194 , cert. denied, 552 U.S. 992 (2007). 2014See State v. Montano, 169 Wn.2d 872, 876 , 239 P.3d 360 (2010) (citing State v. Conte, 159 Wn.2d 797, 803 , 154 P.3d 194 (2007)). ii. | 2 | 3 |
State v. Athangreen2 sentences2008See, e.g., State v. Athan, 160 Wash.2d 354 , 378 n. 5, 158 P.3d 27 (2007) (stating that insufficiency of the evidence, denial of a pretrial Knapstad motion, and denial of a midtrial motion to dismiss are reviewed under the same standard). 2008See, e.g., State v. Athan, 160 Wn.2d 354 , 378 n.5, 158 P.3d 27 (2007) (stating that insufficiency of the evidence, denial of a pretrial Knapstad motion, and denial of a midtrial motion to dismiss are reviewed under the same standard). | 2 | 3 |
State v. Athangreen2 sentences2008See, e.g., State v. Athan, 160 Wash.2d 354 , 378 n. 5, 158 P.3d 27 (2007) (stating that insufficiency of the evidence, denial of a pretrial Knapstad motion, and denial of a midtrial motion to dismiss are reviewed under the same standard). 2008See, e.g., State v. Athan, 160 Wn.2d 354 , 378 n.5, 158 P.3d 27 (2007) (stating that insufficiency of the evidence, denial of a pretrial Knapstad motion, and denial of a midtrial motion to dismiss are reviewed under the same standard). | 2 | 3 |
State v. Lopezgreen2 sentences2003See State v. Lopez, 93 Wash.App. 619, 622 , 970 P.2d 765 (1999) (dismissal of the information is appropriate only if no rational trier of fact could find the elements of the crime beyond a reasonable doubt); State v. Dunn, 82 Wash.App. 122, 126 , 916 P.2d 952 (the court looks to the undisputed facts and ascertains whether, as a matter of law, they establish a prima facie showing of guilt), review denied, 130 Wash.2d 1018 , 928 P.2d 413 (1996). 2003See State v. Lopez, 93 Wash.App. 619, 622 , 970 P.2d 765 (1999) (dismissal of the information is appropriate only if no rational trier of fact could find the elements of the crime beyond a reasonable doubt); State v. Dunn, 82 Wash.App. 122, 126 , 916 P.2d 952 (the court looks to the undisputed facts and ascertains whether, as a matter of law, they establish a prima facie showing of guilt), review denied, 130 Wash.2d 1018 , 928 P.2d 413 (1996). | 2 | 2 |
| State v. Meachamgreen | 1 | 1 |
| State v. Michielligreen | 1 | 1 |
| State v. Smithgreen | 1 | 1 |
| State v. RHSgreen | 1 | 1 |
| State v. R.H.S.green | 1 | 1 |
| State v. Smithgreen | 1 | 1 |
| State v. O'MEARAgreen | 1 | 1 |
| State v. Wardgreen | 1 | 1 |
| State v. Wardgreen | 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. Jackson
green
2 sentences2019State v. Jackson, 82 Wn. 2013However, "a defendant who goes to trial may not appeal the denial of a Knapstad motion." State v. Jackson, 82 Wn. | 16 | 2001–2019 |
State v. Bauer
green
2 sentences2023A Knapstad motion should be granted and a criminal charge dismissed if there are “no disputed material facts and the undisputed facts do not raise a prima facie case of guilt as a matter of law.” State v. Bauer, 180 Wn.2d 929, 935 , 329 P.3d 67 (2014) (citing Knapstad, 107 Wn.2d at 356-57 ). 4 No. 38630-9-III State v. Koziol In deciding a defendant’s motion, “the court shall view all evidence in the light most favorable to the prosecuting attorney and the court shall make all reasonable inferences in the light most favorable to the prosecuting attorney.” CrR 8.3(c)(3). 2023A Knapstad motion should be granted and a criminal charge dismissed if there are “no disputed material facts and the undisputed facts do not raise a prima facie case of guilt as a matter of law.” State v. Bauer, 180 Wn.2d 929, 935 , 329 P.3d 67 (2014) (citing Knapstad, 107 Wn.2d at 356-57 ). 4 No. 38630-9-III State v. Koziol In deciding a defendant’s motion, “the court shall view all evidence in the light most favorable to the prosecuting attorney and the court shall make all reasonable inferences in the light most favorable to the prosecuting attorney.” CrR 8.3(c)(3). | 6 | 2017–2024 |
State v. Richards
green
2 sentences2020State v. Richards, 109 Wn. 2008However, "after proceeding to trial, a defendant cannot appeal the denial of a Knapstad motion, which is a pretrial challenge to the sufficiency of the evidence." State v. Cannon, 120 Wash.App. 86, 90 , 84 P.3d 283 (2004) (citing State v. Richards, 109 Wash.App. 648, 653 , 36 P.3d 1119 (2001)). | 6 | 2004–2020 |
State v. Olson
green
2 sentences2014App. 348 , 357 n.6, 869 P.2d 110 (noting similarity between standards of review for Knapstad motion and challenge to the sufficiency of the evidence), review denied, 124 Wn.2d 1029 (1994). 2014According to WEBSTER' S THIRD NEW INTERNATIONAL DICTIONARY 1826 ( definition 2) 1993), to " protract" means " to draw out or lengthen in time or space: CONTINUE, PROLONG." 6 See also State v. App. 348, 357 n. 6, 869 P. 2d 110 ( 1994) ( noting similarity Olson, 73 Wn. between standards of review for Knapstad motion and challenge to the sufficiency of the evidence), review denied, 124 Wn.2d 1029 ( 1994). 7 No. 44026 -1 - II Because the term " prolonged" is a relative term, the dictionary definition alone does not answer the question of whether a prolonged period can, in some circumstances, be as | 6 | 1995–2014 |
State v. Freigang
green
2 sentences2011App. 496, 508 , 61 P.3d 343 (2002) (Morgan, J., concurring) (when defendant challenges sufficiency with a Knapstad motion, the trial court needs to determine admissibility “to the extent it is contested” and then turn to sufficiency), review denied, 149 Wn.2d 1028 (2003). 2011See State v. Smith, 155 Wash.2d 496, 501 , 120 P.3d 559 (2005) (failure to raise hearsay objection below waives it on appeal); State v. Freigang, 115 Wash.App. 496, 508 , 61 P.3d 343 (2002) (Morgan, J., concurring) (when defendant challenges sufficiency with a Knapstad motion, the trial court needs to determine admissibility "to the extent it is contested" and then turn to sufficiency), review denied, 149 Wash.2d 1028 , 78 P.3d 656 (2003). | 6 | 2007–2011 |
State v. Snedden
green
2 sentences2004“An appellate court will uphold the trial court’s dismissal of a charge pursuant to a Knapstad motion if no rational finder of fact could have found beyond a reasonable doubt the essential elements of the crime.” State v. Snedden, 112 Wn. 2004"An appellate court will uphold the trial court's dismissal of a charge pursuant to a Knapstad motion if no rational finder of fact could have found beyond a reasonable doubt the essential elements of the crime." State v. Snedden, 112 Wash.App. 122, 127 , 47 P.3d 184 (2002), affirmed, 149 Wash.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wash.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion "does not include deciding whose version of events is correct," but concerns whether the State has established "a prima facie case of guilt."). | 4 | 2004–2014 |
State v. Cannon
green
2 sentences2008However, "after proceeding to trial, a defendant cannot appeal the denial of a Knapstad motion, which is a pretrial challenge to the sufficiency of the evidence." State v. Cannon, 120 Wash.App. 86, 90 , 84 P.3d 283 (2004) (citing State v. Richards, 109 Wash.App. 648, 653 , 36 P.3d 1119 (2001)). 2008However, “after proceeding to trial, a defendant cannot appeal the denial of a Knapstad motion, which is a pretrial challenge to the sufficiency of the evidence.” State v. Cannon, 120 Wn. | 4 | 2008–2013 |
State v. Carter
neutral
2 sentences2024State v. Carter, 138 Wn. 2008See Knapstad, 107 Wn.2d at 357 ; State v. Carter, 138 Wn. | 3 | 2008–2024 |
State v. Zakel
green
2 sentences2019State v. Zakel, 61 Wash.App. 805 , 811 n.3, 812 P.2d 512 (1991) (declining to review a denial of a Knapstad motion after trial); State v. Knapstad, 107 Wash.2d 346 , 729 P.2d 48 (1986) ; CrR 8.3(c)(3) ("A decision denying a motion to dismiss under this rule is not subject to appeal under RAP 2.2."). 2019State v. Zakel, 61 Wash.App. 805 , 811 n.3, 812 P.2d 512 (1991) (declining to review a denial of a Knapstad motion after trial); State v. Knapstad, 107 Wash.2d 346 , 729 P.2d 48 (1986) ; CrR 8.3(c)(3) ("A decision denying a motion to dismiss under this rule is not subject to appeal under RAP 2.2."). | 3 | 1994–2019 |
State v. Newcomb
green
2 sentences2017State v. Newcomb, 160 Wn. 2014State v. Newcomb, 160 Wn. | 3 | 2014–2017 |
State v. Dunn
green
2 sentences2007App. 122, 125 , 916 P.2d 952 (1996); Knapstad, 107 Wn.2d at 356. ¶9 We view the evidence and the reasonable inferences from that evidence in the light most favorable to the State when passing on a Knapstad motion. 2007State v. Dunn, 82 Wash.App. 122, 125 , 916 P.2d 952 (1996); Knapstad, 107 Wash.2d at 356 , 729 P.2d 48 . ¶ 9 We view the evidence and the reasonable inferences from that evidence in the light most favorable to the State when passing on a Knapstad motion. | 3 | 2003–2007 |
State v. Richards
neutral
2 sentences2008However, "after proceeding to trial, a defendant cannot appeal the denial of a Knapstad motion, which is a pretrial challenge to the sufficiency of the evidence." State v. Cannon, 120 Wash.App. 86, 90 , 84 P.3d 283 (2004) (citing State v. Richards, 109 Wash.App. 648, 653 , 36 P.3d 1119 (2001)). 2004State v. Richards, 109 Wash.App. 648, 653 , 36 P.3d 1119 (2001). | 2 | 2004–2008 |
State v. Cannon
green
2 sentences2008However, "after proceeding to trial, a defendant cannot appeal the denial of a Knapstad motion, which is a pretrial challenge to the sufficiency of the evidence." State v. Cannon, 120 Wash.App. 86, 90 , 84 P.3d 283 (2004) (citing State v. Richards, 109 Wash.App. 648, 653 , 36 P.3d 1119 (2001)). 2008App. 86, 90 , 84 P.3d 283 (2004) (citing State v. Richards, 109 Wn. | 2 | 2008–2008 |
State v. Carter
green
2 sentences2007State v. Carter, 151 Wn.2d 118, 129-30 , 85 P.3d 887 (2004). ¶7 Carter then brought a Knapstad motion to dismiss on the ground that the rifle did not meet the statutory definition of a machine gun because it did not have a “ ‘reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.’ ” CP at 52 (quoting RCW 9.41.010(7)). 2007State v. Carter, 151 Wash.2d 118, 129-30 , 85 P.3d 887 (2004). ¶ 7 Carter then brought a Knapstad motion to dismiss on the ground that the rifle did not meet the statutory definition of a machine gun because it did not have a "`reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.'" CP at 52 (quoting RCW 9.41.010(7)). | 2 | 2007–2007 |
State v. Carter
green
2 sentences2007State v. Carter, 151 Wn.2d 118, 129-30 , 85 P.3d 887 (2004). ¶7 Carter then brought a Knapstad motion to dismiss on the ground that the rifle did not meet the statutory definition of a machine gun because it did not have a “ ‘reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.’ ” CP at 52 (quoting RCW 9.41.010(7)). 2007State v. Carter, 151 Wash.2d 118, 129-30 , 85 P.3d 887 (2004). ¶ 7 Carter then brought a Knapstad motion to dismiss on the ground that the rifle did not meet the statutory definition of a machine gun because it did not have a "`reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.'" CP at 52 (quoting RCW 9.41.010(7)). | 2 | 2007–2007 |
State v. Snedden
neutral
2 sentences2004App. 122, 127 , 47 P.3d 184 (2002), affd, 149 Wn.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wn.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion “does not include deciding whose version of events is correct,” but concerns whether the State has established “a prima facie case of guilt”). 2004"An appellate court will uphold the trial court's dismissal of a charge pursuant to a Knapstad motion if no rational finder of fact could have found beyond a reasonable doubt the essential elements of the crime." State v. Snedden, 112 Wash.App. 122, 127 , 47 P.3d 184 (2002), affirmed, 149 Wash.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wash.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion "does not include deciding whose version of events is correct," but concerns whether the State has established "a prima facie case of guilt."). | 2 | 2004–2004 |
State v. Snedden
green
2 sentences2004App. 122, 127 , 47 P.3d 184 (2002), affd, 149 Wn.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wn.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion “does not include deciding whose version of events is correct,” but concerns whether the State has established “a prima facie case of guilt”). 2004"An appellate court will uphold the trial court's dismissal of a charge pursuant to a Knapstad motion if no rational finder of fact could have found beyond a reasonable doubt the essential elements of the crime." State v. Snedden, 112 Wash.App. 122, 127 , 47 P.3d 184 (2002), affirmed, 149 Wash.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wash.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion "does not include deciding whose version of events is correct," but concerns whether the State has established "a prima facie case of guilt."). | 2 | 2004–2004 |
State v. Snedden
green
2 sentences2004App. 122, 127 , 47 P.3d 184 (2002), affd, 149 Wn.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wn.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion “does not include deciding whose version of events is correct,” but concerns whether the State has established “a prima facie case of guilt”). 2004"An appellate court will uphold the trial court's dismissal of a charge pursuant to a Knapstad motion if no rational finder of fact could have found beyond a reasonable doubt the essential elements of the crime." State v. Snedden, 112 Wash.App. 122, 127 , 47 P.3d 184 (2002), affirmed, 149 Wash.2d 914 , 73 P.3d 995 (2003); see also State v. Groom, 133 Wash.2d 679, 693 , 947 P.2d 240 (1997) (appellate review of a Knapstad motion "does not include deciding whose version of events is correct," but concerns whether the State has established "a prima facie case of guilt."). | 2 | 2004–2004 |
| State v. Wilhelm green | 2 | 2002–2002 |
| Crawford v. Washington green | 1 | 2020–2020 |
| Brady v. Maryland green | 1 | 2020–2020 |
| State v. Graham neutral | 1 | 2018–2018 |
| Adcox v. Children's Orthopedic Hospital & Medical Center green | 1 | 2017–2017 |
| State v. Powell green | 1 | 2017–2017 |
| State v. Pettit green | 1 | 2016–2016 |
| State v. Heath green | 1 | 2016–2016 |
| State v. Joy green | 1 | 2016–2016 |
| State v. Vasquez green | 1 | 2015–2015 |
| State v. Thomas green | 1 | 2015–2015 |
| State v. Camp green | 1 | 2014–2014 |
| State v. Veliz green | 1 | 2014–2014 |
| State v. Justesen neutral | 1 | 2014–2014 |
| State v. Vazquez green | 1 | 2013–2013 |
| State v. Stinton green | 1 | 2012–2012 |
| State v. Kennedy green | 1 | 2011–2011 |
| State v. Hickman green | 1 | 2011–2011 |
| State v. Hickman green | 1 | 2011–2011 |
| State v. Carter neutral | 1 | 2008–2008 |
| Matter of Personal Restraint of Sietz green | 1 | 1999–1999 |
| State v. Jackson green | 1 | 1994–1994 |
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.