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13 Washington opinions name it 2 courts 1997–2010 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.
| Case | Followed | Cited |
|---|---|---|
State v. Smithgreen2 sentences2010See, e.g., Smith, 131 Wash.2d at 263, 265 , 930 P.2d 917 ("It cannot be said that a defendant has had a fair trial if the jury must guess at the meaning of an essential element of a crime or if the jury might assume that an essential element need not be proved," and "failure to instruct on an element of an offense is automatic reversible error."); State v. Byrd, 125 Wash.2d 707, 713-14 , 887 P.2d 396 (1995) ("The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. 2010See, e.g., Smith, 131 Wn.2d at 263, 265 (“It cannot be said that a defendant has had a fair trial if the jury must guess at the meaning of an essential element of a crime or if the jury might assume that an essential element need not be proved,” and “failure to instruct on an element of an offense is automatic reversible error.”); State v. Byrd, 125 Wn.2d 707, 713-14 , 887 P.2d 396 (1995) (“The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. | 7 | 8 |
State v. Smithgreen2 sentences2010See, e.g., Smith, 131 Wash.2d at 263, 265 , 930 P.2d 917 ("It cannot be said that a defendant has had a fair trial if the jury must guess at the meaning of an essential element of a crime or if the jury might assume that an essential element need not be proved," and "failure to instruct on an element of an offense is automatic reversible error."); State v. Byrd, 125 Wash.2d 707, 713-14 , 887 P.2d 396 (1995) ("The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. 2006The cases of State v. Smith, 131 Wash.2d at 265 , 930 P.2d 917 ("failure to instruct on an element of an offense is automatic reversible error"); State v. Salas, 74 Wash.App. 400, 407 , 873 P.2d 578 (1994), rev'd on other grounds, 127 Wash.2d 173 , 897 P.2d 1246 (1995); and State v. Haberman, 105 Wash. App. 926, 937 , 22 P.3d 264 (2001), do not permit the conviction to stand when the instruction fails to state the law correctly. ¶ 14 After drawing all reasonable inferences in favor of the State, we find that the evidence is sufficient for a rational trier of fact to find that Paris had the int | 5 | 7 |
State v. Eastmondgreen2 sentences2002See, e.g., State v. Smith, 131 Wn.2d 258, 265 , 930 P.2d 917 (1997) (“failure to instruct on an element of an offense is automatic reversible error”); State v. Eastmond, 129 Wn.2d 497, 502 , 919 P.2d 577 (1996) (“By omitting an element of the crime of assault, the trial court here committed an error of constitutional magnitude.”); State v. Byrd, 125 Wn.2d 707, 713-14 , 887 P.2d 396 (1995) (“The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. ... 2002See, e.g., State v. Smith, 131 Wn.2d 258, 265 , 930 P.2d 917 (1997) (“failure to instruct on an element of an offense is automatic reversible error”); State v. Eastmond, 129 Wn.2d 497, 502 , 919 P.2d 577 (1996) (“By omitting an element of the crime of assault, the trial court here committed an error of constitutional magnitude.”); State v. Byrd, 125 Wn.2d 707, 713-14 , 887 P.2d 396 (1995) (“The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. | 4 | 7 |
State v. Eastmondgreen2 sentences2002See, e.g., State v. Smith, 131 Wn.2d 258, 265 , 930 P.2d 917 (1997) (“failure to instruct on an element of an offense is automatic reversible error”); State v. Eastmond, 129 Wn.2d 497, 502 , 919 P.2d 577 (1996) (“By omitting an element of the crime of assault, the trial court here committed an error of constitutional magnitude.”); State v. Byrd, 125 Wn.2d 707, 713-14 , 887 P.2d 396 (1995) (“The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. ... 2002See, e.g., State v. Smith, 131 Wn.2d 258, 265 , 930 P.2d 917 (1997) (“failure to instruct on an element of an offense is automatic reversible error”); State v. Eastmond, 129 Wn.2d 497, 502 , 919 P.2d 577 (1996) (“By omitting an element of the crime of assault, the trial court here committed an error of constitutional magnitude.”); State v. Byrd, 125 Wn.2d 707, 713-14 , 887 P.2d 396 (1995) (“The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. | 4 | 7 |
State v. Byrdgreen2 sentences2010See, e.g., Smith, 131 Wn.2d at 263, 265 (“It cannot be said that a defendant has had a fair trial if the jury must guess at the meaning of an essential element of a crime or if the jury might assume that an essential element need not be proved,” and “failure to instruct on an element of an offense is automatic reversible error.”); State v. Byrd, 125 Wn.2d 707, 713-14 , 887 P.2d 396 (1995) (“The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. 2010See, e.g., Smith, 131 Wn.2d at 263, 265 (“It cannot be said that a defendant has had a fair trial if the jury must guess at the meaning of an essential element of a crime or if the jury might assume that an essential element need not be proved,” and “failure to instruct on an element of an offense is automatic reversible error.”); State v. Byrd, 125 Wn.2d 707, 713-14 , 887 P.2d 396 (1995) (“The State must prove every essential element of a crime beyond a reasonable doubt for a conviction to be upheld. | 3 | 6 |
State v. Popegreen2 sentences2002It is reversible error to instruct the jury in a manner that would relieve the State of this burden.”); State v. Pope, 100 Wn. 2002It is reversible error to instruct the jury in a manner that would relieve the State of this burden.” (citations omitted)); State v. Pope, 100 Wn. | 2 | 4 |
State v. Summersgreen2 sentences2010It is reversible error to instruct the jury in a manner that would relieve the State of this burden." (citations omitted)); State v. Summers, 107 Wash.App. 373, 381 , 28 P.3d 780 (2001) ("Under the current case law in Washington, when a trial court fails to include an essential element in a `to convict' instruction, it is a manifest constitutional error that requires automatic reversal."), modified on recons. on other grounds, 43 P.3d 526 (2002). ¶ 52 We confused this straightforward and commonsense approach to jury instructions in State v. Brown, 147 Wash.2d 330 , 58 P.3d 889 (2002). 2010It is reversible error to instruct the jury in a manner that would relieve the State of this burden.” (citations omitted)); State v. Summers, 107 Wn. | 2 | 2 |
State v. Popegreen2 sentences2002It is reversible error to instruct the jury in a manner that would relieve the State of this burden."); State v. Pope, 100 Wash.App. 624, 630 , 999 P.2d 51 , review denied, 141 Wash.2d 1018 , 10 P.3d 1074 (2000) ("A harmless error analysis is never applicable to the omission of an essential element of the crime in the `to convict' instruction. 2002It is reversible error to instruct the jury in a manner that would relieve the State of this burden." (citations omitted)); State v. Pope, 100 Wash.App. 624, 630 , 999 P.2d 51 ("A harmless error analysis is never applicable to the omission of an essential element of the crime in the `to convict' instruction. | 1 | 2 |
State v. Summersgreen1 sentence2010It is reversible error to instruct the jury in a manner that would relieve the State of this burden." (citations omitted)); State v. Summers, 107 Wash.App. 373, 381 , 28 P.3d 780 (2001) ("Under the current case law in Washington, when a trial court fails to include an essential element in a `to convict' instruction, it is a manifest constitutional error that requires automatic reversal."), modified on recons. on other grounds, 43 P.3d 526 (2002). ¶ 52 We confused this straightforward and commonsense approach to jury instructions in State v. Brown, 147 Wash.2d 330 , 58 P.3d 889 (2002). | 1 | 1 |
State v. Greengreen2 sentences2006See State v. Green, 94 Wash.2d 216, 220-22 , 616 P.2d 628 (1980). ¶ 15 In this case, we are reversing Paris's conviction based on the instructional error. 2006See State v. Green, 94 Wash.2d 216, 220-22 , 616 P.2d 628 (1980). ¶ 15 In this case, we are reversing Paris's conviction based on the instructional error. | 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. Salas
green
2 sentences2006The cases of State v. Smith, 131 Wash.2d at 265 , 930 P.2d 917 ("failure to instruct on an element of an offense is automatic reversible error"); State v. Salas, 74 Wash.App. 400, 407 , 873 P.2d 578 (1994), rev'd on other grounds, 127 Wash.2d 173 , 897 P.2d 1246 (1995); and State v. Haberman, 105 Wash. App. 926, 937 , 22 P.3d 264 (2001), do not permit the conviction to stand when the instruction fails to state the law correctly. ¶ 14 After drawing all reasonable inferences in favor of the State, we find that the evidence is sufficient for a rational trier of fact to find that Paris had the int 2006The cases of Smith, 131 Wn.2d at 265 (“failure to instruct on an element of an offense is automatic reversible error”); State v. Salas, 74 Wn. | 2 | 2006–2006 |
State v. Salas
green
2 sentences2006The cases of State v. Smith, 131 Wash.2d at 265 , 930 P.2d 917 ("failure to instruct on an element of an offense is automatic reversible error"); State v. Salas, 74 Wash.App. 400, 407 , 873 P.2d 578 (1994), rev'd on other grounds, 127 Wash.2d 173 , 897 P.2d 1246 (1995); and State v. Haberman, 105 Wash. App. 926, 937 , 22 P.3d 264 (2001), do not permit the conviction to stand when the instruction fails to state the law correctly. ¶ 14 After drawing all reasonable inferences in favor of the State, we find that the evidence is sufficient for a rational trier of fact to find that Paris had the int 2006The cases of State v. Smith, 131 Wash.2d at 265 , 930 P.2d 917 ("failure to instruct on an element of an offense is automatic reversible error"); State v. Salas, 74 Wash.App. 400, 407 , 873 P.2d 578 (1994), rev'd on other grounds, 127 Wash.2d 173 , 897 P.2d 1246 (1995); and State v. Haberman, 105 Wash. App. 926, 937 , 22 P.3d 264 (2001), do not permit the conviction to stand when the instruction fails to state the law correctly. ¶ 14 After drawing all reasonable inferences in favor of the State, we find that the evidence is sufficient for a rational trier of fact to find that Paris had the int | 2 | 2006–2006 |
State v. Haberman
green
2 sentences2006The cases of State v. Smith, 131 Wash.2d at 265 , 930 P.2d 917 ("failure to instruct on an element of an offense is automatic reversible error"); State v. Salas, 74 Wash.App. 400, 407 , 873 P.2d 578 (1994), rev'd on other grounds, 127 Wash.2d 173 , 897 P.2d 1246 (1995); and State v. Haberman, 105 Wash. App. 926, 937 , 22 P.3d 264 (2001), do not permit the conviction to stand when the instruction fails to state the law correctly. ¶ 14 After drawing all reasonable inferences in favor of the State, we find that the evidence is sufficient for a rational trier of fact to find that Paris had the int 2006App. 400, 407 , 873 P.2d 578 (1994), rev’d on other grounds, 127 Wn.2d 173 , 897 P.2d 1246 (1995); and State v. Haberman, 105 Wn. | 2 | 2006–2006 |
Sullivan v. Louisiana
green
2 sentences2002Finally, we noted these opinions were consistent with the then recent Supreme Court decision in Sullivan v. Louisiana, 508 U.S. 275 , 113 S. Ct. 2078 , 124 L. 2002Finally, we noted these opinions were consistent with the then recent Supreme Court decision in Sullivan v. Louisiana, 508 U.S. 275 , 113 S. Ct. 2078 , 124 L. | 2 | 2002–2002 |
State v. Brown
green
1 sentence2010It is reversible error to instruct the jury in a manner that would relieve the State of this burden." (citations omitted)); State v. Summers, 107 Wash.App. 373, 381 , 28 P.3d 780 (2001) ("Under the current case law in Washington, when a trial court fails to include an essential element in a `to convict' instruction, it is a manifest constitutional error that requires automatic reversal."), modified on recons. on other grounds, 43 P.3d 526 (2002). ¶ 52 We confused this straightforward and commonsense approach to jury instructions in State v. Brown, 147 Wash.2d 330 , 58 P.3d 889 (2002). | 1 | 2010–2010 |
State v. Brown
green
1 sentence2010It is reversible error to instruct the jury in a manner that would relieve the State of this burden." (citations omitted)); State v. Summers, 107 Wash.App. 373, 381 , 28 P.3d 780 (2001) ("Under the current case law in Washington, when a trial court fails to include an essential element in a `to convict' instruction, it is a manifest constitutional error that requires automatic reversal."), modified on recons. on other grounds, 43 P.3d 526 (2002). ¶ 52 We confused this straightforward and commonsense approach to jury instructions in State v. Brown, 147 Wash.2d 330 , 58 P.3d 889 (2002). | 1 | 2010–2010 |
State v. Summers
green
1 sentence2010It is reversible error to instruct the jury in a manner that would relieve the State of this burden." (citations omitted)); State v. Summers, 107 Wash.App. 373, 381 , 28 P.3d 780 (2001) ("Under the current case law in Washington, when a trial court fails to include an essential element in a `to convict' instruction, it is a manifest constitutional error that requires automatic reversal."), modified on recons. on other grounds, 43 P.3d 526 (2002). ¶ 52 We confused this straightforward and commonsense approach to jury instructions in State v. Brown, 147 Wash.2d 330 , 58 P.3d 889 (2002). | 1 | 2010–2010 |
State v. Haberman
neutral
1 sentence2006The cases of State v. Smith, 131 Wash.2d at 265 , 930 P.2d 917 ("failure to instruct on an element of an offense is automatic reversible error"); State v. Salas, 74 Wash.App. 400, 407 , 873 P.2d 578 (1994), rev'd on other grounds, 127 Wash.2d 173 , 897 P.2d 1246 (1995); and State v. Haberman, 105 Wash. App. 926, 937 , 22 P.3d 264 (2001), do not permit the conviction to stand when the instruction fails to state the law correctly. ¶ 14 After drawing all reasonable inferences in favor of the State, we find that the evidence is sufficient for a rational trier of fact to find that Paris had the int | 1 | 2006–2006 |
State v. Easter
green
1 sentence2002It is reversible error to instruct the jury in a manner that would relieve the State of this burden."). [1] Our majority also appears to be overruling sub silentio State v. Easter, 130 Wash.2d 228, 242 , 922 P.2d 1285 (1996), holding the presumption of harm resulting from an error of constitutional magnitude can be overcome only if the court is "convinced beyond a reasonable doubt any reasonable jury would reach the same result absent the error, and where the untainted evidence is so overwhelming it necessarily leads to a finding of guilt." (Emphasis added.) (Citations omitted.) Here our major | 1 | 2002–2002 |
State v. Easter
green
1 sentence2002It is reversible error to instruct the jury in a manner that would relieve the State of this burden."). [1] Our majority also appears to be overruling sub silentio State v. Easter, 130 Wash.2d 228, 242 , 922 P.2d 1285 (1996), holding the presumption of harm resulting from an error of constitutional magnitude can be overcome only if the court is "convinced beyond a reasonable doubt any reasonable jury would reach the same result absent the error, and where the untainted evidence is so overwhelming it necessarily leads to a finding of guilt." (Emphasis added.) (Citations omitted.) Here our major | 1 | 2002–2002 |
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.