Downs rule (Washington) · Go Syfert
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Downs rule in Washington

13 Washington opinions name it 2 courts 1996–2020 0 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 (2)

CaseFollowedCited
Holmes v. South Carolinagreen
scotus · 2006 · cited in 4 Washington opinions naming this issue, 2011–2015
2 sentences

2015Holmes, 547 U.S. at 327 . 10 When the State’s case is entirely circumstantial, the Downs rule is relaxed to an extent to allow a reply in kind: the *752 “defendant may neutralize or overcome such evidence by presenting sufficient evidence of the same character tending to identify some other person as the perpetrator of the crime.” State v. Clark, 78 Wn.

2015Holmes, 547 U.S. at 327 . 10 When the State’s case is entirely circumstantial, the Downs rule is relaxed to an extent to allow a reply in kind: the *752 “defendant may neutralize or overcome such evidence by presenting sufficient evidence of the same character tending to identify some other person as the perpetrator of the crime.” State v. Clark, 78 Wn.

14
State v. Hiltongreen
washctapp · 2011 · cited in 3 Washington opinions naming this issue, 2015–2020
2 sentences

2020However, “[w]hen the State’s case is entirely circumstantial, the Downs rule is relaxed to an extent to allow a reply in kind: the ‘defendant may neutralize or overcome such evidence by presenting sufficient evidence of the same character tending to identify some other person as the perpetrator of the crime.’” State v. Hilton, 164 Wn.

2020However, “[w]hen the State’s case is entirely circumstantial, the Downs rule is relaxed to an extent to allow a reply in kind: the ‘defendant may neutralize or overcome such evidence by presenting sufficient evidence of the same character tending to identify some other person as the perpetrator of the crime.’” State v. Hilton, 164 Wn.

13

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
State v. Clark green
washctapp · 1995
2 sentences

2015Holmes, 547 U.S. at 327 . 10 When the State’s case is entirely circumstantial, the Downs rule is relaxed to an extent to allow a reply in kind: the *752 “defendant may neutralize or overcome such evidence by presenting sufficient evidence of the same character tending to identify some other person as the perpetrator of the crime.” State v. Clark, 78 Wn.

2015Holmes, 547 U.S. at 327 . 10 When the State’s case is entirely circumstantial, the Downs rule is relaxed to an extent to allow a reply in kind: the *752 “defendant may neutralize or overcome such evidence by presenting sufficient evidence of the same character tending to identify some other person as the perpetrator of the crime.” State v. Clark, 78 Wn.

71996–2020
State v. Maupin green
wash · 1996
2 sentences

2016In contrast, we held in State v. Maupin that eyewitness testimony that a kidnapping victim was seen after the kidnapping with a person other than the defendant was both relevant and sufficiently probative to pass the Downs test. 128 Wn.2d 918, 928 , 913 P.2d 808 (1996).

2016In contrast, we held in State v. Maupin that eyewitness testimony that a kidnapping victim was seen after the kidnapping with a person other than the defendant was both relevant and sufficiently probative to pass the Downs test. 128 Wn.2d 918, 928 , 913 P.2d 808 (1996).

42014–2016
State v. Franklin green
wash · 2014
2 sentences

2016State v. Mullen, 171 Wn.2d 881 , 895, 3As a recent case from ourSupreme Court, State v. Franklin, 180Wn.2d 371, 381, 325 P.3d 159 (2014) observed, "[t]he Downs test in essence has not changed: some combination of facts or circumstances must point to a nonspeculative link between the other suspect and the charged crime[,]" in order for the evidence to be admissible.

2015The court stated that the Downs test remains essentially unchanged: "some combination of facts or circumstances must point to a non speculative link between the other suspect and the charged crime." Franklin, 180 Wn.2d at 381 .

22015–2016
Leonard v. Territory green
washterr · 1885
2 sentences

2015App. 471, 479 , 898 P.2d 854 (citing Leonard v. Territory, 2 Wash. Terr. 381, 396 , 7 P. 872 (1885)), review denied, 128 Wn.2d 1004 (1995); accord State v. Hilton, 164 Wn.

2015App. 471, 479 , 898 P.2d 854 (citing Leonard v. Territory, 2 Wash. Terr. 381, 396 , 7 P. 872 (1885)), review denied, 128 Wn.2d 1004 (1995); accord State v. Hilton, 164 Wn.

22011–2015
State v. Mullen green
wash · 2011
1 sentence

2016State v. Mullen, 171 Wn.2d 881 , 895, 3As a recent case from ourSupreme Court, State v. Franklin, 180Wn.2d 371, 381, 325 P.3d 159 (2014) observed, "[t]he Downs test in essence has not changed: some combination of facts or circumstances must point to a nonspeculative link between the other suspect and the charged crime[,]" in order for the evidence to be admissible.

12016–2016
State v. Downs green
wash · 1932
2 sentences

2015The Franklin court reiterated that the Downs standard for relevance of other suspect evidence is whether there is evidence '''tending to connect' someone other than the defendant with the crime." Id. (citation omitted) (quoting Downs, 168 Wash. at 667 ).

2015The Franklin court reiterated that the Downs standard for relevance of other suspect evidence is whether there is evidence '''tending to connect' someone other than the defendant with the crime." Id. (citation omitted) (quoting Downs, 168 Wash. at 667 ).

12015–2015
Smithart v. State green
alaska · 1999
2 sentences

2015However, apparently for the first time in Washington case law, the Franklin court also explained with respect to the Downs relevance inquiry: Further, other jurisdictions have pointed out that this inquiry, properly conducted, "focuse[ s] upon whether the evidence offered tends to create a reasonable doubt as to the defendant's guilt, not whether it establishes the guilt of the third party beyond a reasonable doubt." Smithart v. State, 988 P.2d 583 , 588 & n.21 (Alaska 1999).

2015However, apparently for the first time in Washington case law, the Franklin court also explained with respect to the Downs relevance inquiry: Further, other jurisdictions have pointed out that this inquiry, properly conducted, "focuse[ s] upon whether the evidence offered tends to create a reasonable doubt as to the defendant's guilt, not whether it establishes the guilt of the third party beyond a reasonable doubt." Smithart v. State, 988 P.2d 583 , 588 & n.21 (Alaska 1999).

12015–2015

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (5)

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

WA 13 (1996–2020) TX 10 (2002–2015) FL 8 (1990–2022) MA 6 (2017–2023) CA 4 (2003–2016) MS 4 (2005–2013)

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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