continuing course of conduct exception (Washington) · Go Syfert
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continuing course of conduct exception in Washington

13 Washington opinions name it 1 courts 1996–2021 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 (3)

CaseFollowedCited
State v. Cranegreen
wash · 1991 · cited in 6 Washington opinions naming this issue, 1996–2016
2 sentences

2015In State v. Crane, the Supreme Court applied the continuing course of conduct exception to multiple acts of assault against a victim over a two- hour period. 116 Wn.2d 315, 330 , 804 P. 2d 10 ( 1991), overruled on other grounds In Pers.

2015In State v. Crane, the Supreme Court applied the continuing course of conduct exception to multiple acts of assault against a victim over a two- hour period. 116 Wn.2d 315, 330 , 804 P. 2d 10 ( 1991), overruled on other grounds In Pers.

16
State v. Handrangreen
wash · 1989 · cited in 3 Washington opinions naming this issue, 1996–2016
2 sentences

2013Our courts have applied the continuing course of conduct exception to multiple acts of assault over a two-hour time period, resulting in a fatal injury, State v. Crane, 116Wn.2d 315, 330, 804 P.2d 10 (1991); and to acts of assault occurring in one place, during a short period of time, by the same aggressor upon a single victim, in an attempt to secure sexual relations, State v. Handran, 113 Wn.2d 11, 17 , 775 P.2d 453 (1989).

2013Our courts have applied the continuing course of conduct exception to multiple acts of assault over a two-hour time period, resulting in a fatal injury, State v. Crane, 116Wn.2d 315, 330, 804 P.2d 10 (1991); and to acts of assault occurring in one place, during a short period of time, by the same aggressor upon a single victim, in an attempt to secure sexual relations, State v. Handran, 113 Wn.2d 11, 17 , 775 P.2d 453 (1989).

13
State v. Rodriquezgreen
washctapp · 2015 · cited in 1 Washington opinions naming this issue, 2021–2021
1 sentence

2021See Rodriquez, 187 Wn.

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 (15)

CaseCitedYears
State v. Bobic green
wash · 2000
2 sentences

2013E.g., Hall, 168 Wn.2d 726 (witness tampering); Varnell, 162 Wn.2d 165 (unit of prosecution for solicitation was each person solicited to commit crime rather than the objective of the solicitation); Bobic, 140 Wn.2d 250 (conspiracy).

2013E.g., Hall, 168 Wn.2d 726 (witness tampering); Varnell, 162 Wn.2d 165 (unit of prosecution for solicitation was each person solicited to commit crime rather than the objective of the solicitation); Bobie, 140 Wn.2d 250 (conspiracy).

22013–2013
State v. Varnell green
wash · 2007
2 sentences

2013E.g., Hall, 168 Wn.2d 726 (witness tampering); Varnell, 162 Wn.2d 165 (unit of prosecution for solicitation was each person solicited to commit crime rather than the objective of the solicitation); Bobic, 140 Wn.2d 250 (conspiracy).

2013E.g., Hall, 168 Wn.2d 726 (witness tampering); Varnell, 162 Wn.2d 165 (unit of prosecution for solicitation was each person solicited to commit crime rather than the objective of the solicitation); Bobie, 140 Wn.2d 250 (conspiracy).

22013–2013
State v. Hall green
wash · 2010
2 sentences

2013E.g., Hall, 168 Wn.2d 726 (witness tampering); Varnell, 162 Wn.2d 165 (unit of prosecution for solicitation was each person solicited to commit crime rather than the objective of the solicitation); Bobic, 140 Wn.2d 250 (conspiracy).

2013E.g., Hall, 168 Wn.2d 726 (witness tampering); Varnell, 162 Wn.2d 165 (unit of prosecution for solicitation was each person solicited to commit crime rather than the objective of the solicitation); Bobie, 140 Wn.2d 250 (conspiracy).

22013–2013
State v. Fiallo-Lopez green
washctapp · 1995
2 sentences

2011In distinguishing between distinct criminal acts and a continuing course of conduct, we have held that "evidence that the charged conduct occurred at different times and places tends to show that several distinct acts occurred . . .," while "evidence that a defendant engages in a series of actions intended to secure the same objective supports the characterization of those actions as a continuing course of conduct. . . ." State v. Fiallo-Lopez, 78 Wash.App. 717, 724 , 899 P.2d 1294 (1995). ¶ 28 We conclude that the continuing course of conduct exception applies here.

2011In distinguishing between distinct criminal acts and a continuing course of conduct, we have held that "evidence that the charged conduct occurred at different times and places tends to show that several distinct acts occurred . . .," while "evidence that a defendant engages in a series of actions intended to secure the same objective supports the characterization of those actions as a continuing course of conduct. . . ." State v. Fiallo-Lopez, 78 Wash.App. 717, 724 , 899 P.2d 1294 (1995). ¶ 28 We conclude that the continuing course of conduct exception applies here.

22010–2011
In re the Personal Restraint of Andress red
wash · 2002
1 sentence

2015Restraint ofAndress, 147 Wn.2d 602 ,. 56 P. 3d 981 ( 2002).

12015–2015
In Re Personal Restraint of Andress red
wash · 2002
1 sentence

2015Restraint ofAndress, 147 Wn.2d 602 ,. 56 P. 3d 981 ( 2002).

12015–2015
State v. Craven green
washctapp · 1993
2 sentences

2014State v. Craven, 69 Wn.

2014I I Craven, 69 Wn.

12014–2014
State v. Brown green
washctapp · 2010
2 sentences

2014Brown, 159 Wn.

2014Brown, 159 Wn.

12014–2014
State v. Petrich red
wash · 1984
2 sentences

2012We also conclude that an instruction based on State v. Petrich, 101 Wn.2d 566, 572 , 683 P.2d 173 (1984), overruled in part on other grounds by State v. Kitchen, 110 Wn.2d 403 , 756 P.2d 105 (1988) was not required because the continuing course of conduct exception to the Petrich instruction applies.

2012We also conclude that an instruction based on State v. Petrich, 101 Wn.2d 566, 572 , 683 P.2d 173 (1984), overruled in part on other grounds by State v. Kitchen, 110 Wn.2d 403 , 756 P.2d 105 (1988) was not required because the continuing course of conduct exception to the Petrich instruction applies.

12012–2012
State v. Kitchen green
wash · 2004
2 sentences

2012We also conclude that an instruction based on State v. Petrich, 101 Wn.2d 566, 572 , 683 P.2d 173 (1984), overruled in part on other grounds by State v. Kitchen, 110 Wn.2d 403 , 756 P.2d 105 (1988) was not required because the continuing course of conduct exception to the Petrich instruction applies.

2012We also conclude that an instruction based on State v. Petrich, 101 Wn.2d 566, 572 , 683 P.2d 173 (1984), overruled in part on other grounds by State v. Kitchen, 110 Wn.2d 403 , 756 P.2d 105 (1988) was not required because the continuing course of conduct exception to the Petrich instruction applies.

12012–2012
State v. Love green
washctapp · 1996
1 sentence

2012Crane, 116 Wn.2d at 330 ; Love, 80 Wn.

12012–2012
United States v. Jerome Berardi green
ca7 · 1982
1 sentence

1996App. at 620 ; and two acts of assault for the purpose of intimidating a witness, United States v. Berardi, 675 F.2d 894 (7th Cir. 1982).

11996–1996
State v. Gooden green
washctapp · 1988
1 sentence

1996The continuing course of conduct exception has been applied to multiple acts of assault over a two-hour time period, resulting in a fatal injury, State v. Crane, 116 Wn.2d 315, 330 , 804 P.2d 10 , cert. denied, 501 U.S. 1237 (1991); two acts of assault occurring in one place, during a short period of time, by the same aggressor upon a single victim, in an attempt to secure sexual relations, Handran, 113 Wn.2d at 17 ; two acts taken collectively which promote prostitution, Gooden, 51 Wn.

11996–1996
State v. King green
washctapp · 1994
1 sentence

1996The only Washington case which has considered the continuing course of conduct exception with respect to a *362 drug possession conviction is State v. King, 75 Wn.

11996–1996
Reuvelta v. United States green
scotus · 1991
1 sentence

1996The continuing course of conduct exception has been applied to multiple acts of assault over a two-hour time period, resulting in a fatal injury, State v. Crane, 116 Wn.2d 315, 330 , 804 P.2d 10 , cert. denied, 501 U.S. 1237 (1991); two acts of assault occurring in one place, during a short period of time, by the same aggressor upon a single victim, in an attempt to secure sexual relations, Handran, 113 Wn.2d at 17 ; two acts taken collectively which promote prostitution, Gooden, 51 Wn.

11996–1996

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (4)

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

CT 123 (1994–2024) WA 13 (1996–2021) CA 9 (1988–2026) RI 2 (2012–2019) SD 2 (2014–2014)

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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