first three factors (Washington) · Go Syfert
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first three factors in Washington

14 Washington opinions name it 2 courts 1984–2026 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
cluster 468723green
cadc · 1986 · cited in 1 Washington opinions naming this issue, 2012–2012
1 sentence

2012See Wichita, 788 F.2d at 777 n.13 (When a necessary party is immune from suit, “there is very little room for balancing of other factors.”).

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 (12)

CaseCitedYears
State v. Spurgeon green
washctapp · 1991
2 sentences

2008Spurgeon, 63 Wn.

2008Spurgeon, 63 Wash.App. at 506 , 820 P.2d 960 .

22008–2008
State v. Thang green
wash · 2002
1 sentence

2026Id.

12026–2026
State v. Gresham green
wash · 2012
1 sentence

2025Gresham, 173 Wn.2d at 420 .

12025–2025
Hart v. DEPT. OF SOCIAL AND HEALTH SERVS. green
wash · 1988
2 sentences

2020Hart v. Department of Social & Health Services, 111 Wn.2d 445, 448 , 759 P.2d 1206 (1988).

2020Hart v. Department of Social & Health Services, 111 Wn.2d 445, 448 , 759 P.2d 1206 (1988).

12020–2020
State v. Gunwall green
wash · 1986
2 sentences

2018Gunwall, 106 Wash.2d at 61 -62 , 720 P.2d 808 . ¶ 19 The first three factors provide cogent grounds for finding article I, section 14 more protective than the Eighth Amendment.

2018Gunwall, 106 Wash.2d at 61 -62 , 720 P.2d 808 . ¶ 19 The first three factors provide cogent grounds for finding article I, section 14 more protective than the Eighth Amendment.

12018–2018
Mueller v. Wells green
wash · 2016
1 sentence

2018Id. at 11 .

12018–2018
State v. Buss green
washctapp · 1995
1 sentence

2013State v. Buss, 76 Wn.

12013–2013
State v. Hughes red
wash · 2005
1 sentence

2005In addition, in Hughes, we rejected the argument that the "free crimes" factor fits within the "prior convictions" exception to the Blakely rule. 154 Wash.2d at 138-40, 110 P.3d 192 .

12005–2005
State v. Strauss green
washctapp · 1989
2 sentences

1999App. 408 , 773 P.2d 898 (1989).

1999Procedural History Following Gordon Strauss’ conviction of second degree rape in 1987, the trial court imposed an exceptional sentence of 120 months on grounds of deliberate cruelty, sophistication and planning, abuse of a position of trust, and future dangerousness. 1 On appeal, this court found the evidence insufficient to support the trial court’s findings on the first three factors, and remanded the case for an evidentiary hearing on Mr. Strauss’ prior criminal history for purposes of a future dangerousness finding. 2 State v. Strauss, 54 Wn.

11999–1999
cluster 757519 green
ca9 · 1998
1 sentence

1998The Emard court determined that the first three factors were not at issue and then rejected the contention that the California statute violated the fourth factor “by altering the administrative process for plans in California and by altering the designation of beneficiaries.” Emard, 153 F.3d at 958 . *325 Although ERISA preempts state laws affecting the administration of employee plans, RCW 11.07.010, like the California statute at issue in Emard , “does not affect the administration of plans; instead, it affects merely the ultimate ownership of distributed benefits.” Emard , 153 E3d at 959.

11998–1998
State v. Stephens green
wash · 1991
2 sentences

1997The first three factors are legally adequate under former RCW 9.94A.390(2), and the last was validated in State v. Stephens, 116 Wn.2d 238 , 803 P.2d 319 (1991).

1997The first three factors are legally adequate under former RCW 9.94A.390(2), and the last was validated in State v. Stephens, 116 Wn.2d 238 , 803 P.2d 319 (1991).

11997–1997
Senear v. Daily Journal-American green
wash · 1982
2 sentences

1984Senear, 97 Wn.2d at 155 . [2] The first three factors are the same in both a civil context and a criminal context.

1984The fourth factor, which requires this court to weigh the interest of allowing the press unfettered access to their sources against the interest in allowing courts and litigants unfettered access to testimony and relevant information, presents more difficulties in criminal prosecutions than in civil actions, Senear, 97 Wn.2d at 154 .

11984–1984

Where else courts name it

MN 51 (1982–2026) TX 26 (1985–2024) NM 25 (1989–2025) MO 24 (1992–2025) CA 23 (1982–2026) IL 14 (2007–2026) ND 14 (1978–2022) MI 14 (2004–2025) WA 14 (1984–2026) IN 13 (1990–2015) NJ 13 (1985–2025) IA 13 (1981–2021) WI 12 (1988–2024) PA 12 (1984–2026) AK 12 (2011–2024) GA 11 (1976–2020) WV 9 (1996–2020) UT 8 (2006–2026) CT 7 (1987–2009) NV 7 (2015–2021) FL 7 (1982–2026) AZ 6 (1988–2025) VA 6 (1989–2023) MA 6 (1979–2018) DE 6 (1982–2025) MS 5 (1994–2019) NH 5 (1993–2021) AL 5 (1986–2011) NY 5 (1998–2023) CO 5 (1993–2008) VI 4 (2012–2017) OH 4 (2011–2025) OR 4 (1982–2020) DC 4 (1978–2024) MD 4 (1966–2018) TN 3 (2002–2014) MT 3 (2000–2024) AR 2 (2013–2014) WY 2 (2017–2018) KS 2 (2022–2025) VT 2 (2016–2023) OK 2 (2010–2022) RI 2 (2010–2022)

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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