burden to prove defense (Washington) · Go Syfert
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burden to prove defense in Washington

14 Washington opinions name it 2 courts 2005–2022 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 (1)

CaseFollowedCited
Harlow v. Fitzgeraldgreen
scotus · 1982 · cited in 2 Washington opinions naming this issue, 2005–2005
2 sentences

2005Harlow v. Fitzgerald, 457 U.S. 800, 815 , 102 S. Ct. 2727 , 73 L.

2005Harlow v. Fitzgerald, 457 U.S. 800, 815 , 102 S. Ct. 2727 , 73 L.

22

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 (14)

CaseCitedYears
Doehne v. EmPres Healthcare Management, LLC green
washctapp · 2015
2 sentences

2019Id.

2019Id.

22019–2019
State v. Vander Houwen green
wash · 2008
2 sentences

2015State v. Vander Houwen, 163 Wn.2d 25, 39 , 177 P. 3d 93 ( 2008).

2015State v. Vander Houwen, 163 Wn.2d 25, 39 , 177 P.3d 93 (2008). ¶30 A defendant commits second degree child molestation when he “has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.” RCW 9A.44-.086(1).

22015–2015
State v. Vander Houwen green
wash · 2008
2 sentences

2015State v. Vander Houwen, 163 Wn.2d 25, 39 , 177 P. 3d 93 ( 2008).

2015State v. Vander Houwen, 163 Wn.2d 25, 39 , 177 P.3d 93 (2008). ¶30 A defendant commits second degree child molestation when he “has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.” RCW 9A.44-.086(1).

22015–2015
State v. Jackson green
wash · 2020
1 sentence

2022Wamba incorrectly asserts that the State bears the burden to establish prejudice, relying on Jackson, where the court held that once the defendant established he was unconstitutionally shackled, the State had the burden to prove the error was harmless beyond a reasonable doubt. 195 Wn.2d at 856 .

12022–2022
Matter of Personal Restraint of Rice green
wash · 1992
1 sentence

2022Unlike in Jackson, Wamba here makes an ineffective assistance of counsel claim, which requires him to show prejudice, see Rice, 118 Wn.2d at 885 , and does so through collateral review, which also places the burden of establishing prejudice on Wamba.

12022–2022
Oliver v. Harborview Medical Center green
wash · 1980
2 sentences

2021Ctr., 94 Wn.2d 559, 567-68 , 618 P.2d 76 (1980) (holding that the patient has the burden to prove an exception to the medical records exemption).

2021Ctr., 94 Wn.2d 559, 567-68 , 618 P.2d 76 (1980) (holding that the patient has the burden to prove an exception to the medical records exemption).

12021–2021
State v. Tibbles green
wash · 2010
1 sentence

2020State v. Tibbles, 169 Wn.2d at 369 .

12020–2020
State v. Bourgeois green
wash · 1997
1 sentence

2017State v. Bourgeois, 133 Wn.2d 389, 407 , 945 P.2d 1120 (1997).

12017–2017
State v. Bourgeois green
wash · 1997
1 sentence

2017State v. Bourgeois, 133 Wn.2d 389, 407 , 945 P.2d 1120 (1997).

12017–2017
State v. W.R. green
wash · 2014
2 sentences

2015Although the record does not reflect which party proposed this instruction, Lozano did not object to it. 4 ¶13 The due process clause of the Fourteenth Amendment to the United States Constitution requires the State to prove beyond a reasonable doubt every fact necessary to convict the defendant of the charged crime. 5 State v. W.R., 181 Wn.2d 757, 761-62 , 336 P.3d 1134 (2014).

2015Although the record does not reflect which party proposed this instruction, Lozano did not object to it. 4 ¶13 The due process clause of the Fourteenth Amendment to the United States Constitution requires the State to prove beyond a reasonable doubt every fact necessary to convict the defendant of the charged crime. 5 State v. W.R., 181 Wn.2d 757, 761-62 , 336 P.3d 1134 (2014).

12015–2015
J.E. Dunn Northwest, Inc. v. Department of Labor & Industries green
washctapp · 2007
1 sentence

2015Dunn Nw, 139 Wn.

12015–2015
Pinecrest Homeowners Ass'n v. GLEN A. CLONINGER & ASS'N green
wash · 2004
1 sentence

2012Pinecrest Homeowners Ass’n v. Cloninger & Assocs., 151 Wn.2d 279, 288 , 87 P.3d 1176 (2004).

12012–2012
Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Associates green
wash · 2004
1 sentence

2012Pinecrest Homeowners Ass’n v. Cloninger & Assocs., 151 Wn.2d 279, 288 , 87 P.3d 1176 (2004).

12012–2012
State v. Deer neutral
washctapp · 2010
1 sentence

2012Deer, 158 Wn.

12012–2012

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (6)

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

TX 169 (1989–2026) MO 23 (1979–2025) PA 18 (1976–2026) IL 14 (1981–2024) FL 14 (1997–2025) WA 14 (2005–2022) IA 13 (1944–2024) CA 13 (1998–2026) NE 12 (1976–2023) IN 11 (1980–2024) OH 11 (2001–2022) AR 10 (1988–2021) ND 9 (2013–2024) KS 8 (1995–2022) WI 8 (1987–2023) MI 8 (1975–2024) AZ 6 (1996–2023) KY 5 (2002–2023) WY 4 (1952–2023) CT 4 (1991–2021) NM 4 (2006–2024) UT 3 (2024–2026) MN 3 (2013–2018) DE 2 (2024–2024) VA 2 (2012–2024) MS 2 (2015–2016) TN 2 (2013–2017) MD 2 (2015–2026) HI 2 (1995–1996) DC 2 (1998–1999) SC 2 (2020–2020) CO 2 (2010–2026)

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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