permissible exception (Washington) · Go Syfert
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permissible exception in Washington

13 Washington opinions name it 2 courts 1980–2025 7 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 (6)

CaseFollowedCited
State v. DeVincentisgreen
wash · 2003 · cited in 2 Washington opinions naming this issue, 2023–2025
2 sentences

2025See, e.g., State v. DeVincentis, 150 Wn.2d 11, 17-18 , 74 P.3d 119 (2003); Gresham, 173 Wn.2d at 421-22 .

2023See, e.g., DeVincentis, 150 Wn.2d at 17-18 ; Gresham, 173 Wn.2d at 421-22 .

22
United States v. Benallygreen
ca10 · 2000 · cited in 2 Washington opinions naming this issue, 2002–2002
2 sentences

2002As one court explained, "[a]n aberrant behavior departure must be based upon something other than the fact the act `is merely a first offense.' `Stated differently, the permissible factors in this context must illustrate some unique circumstance—some element of abnormal or exceptional behavior—beside the fact the defendant has never before committed the crime.'" Constantine, 263 F.3d at 1127 (quoting United States v. Benally, 215 F.3d 1068, 1074 (10th Cir.2000)).

2002As one court explained, “[a]n aberrant behavior departure must be based upon something other than the fact the act ‘is merely a first offense.’ ‘Stated differently, the permissible factors in this context must illustrate some unique circumstance—some element of abnormal or exceptional behavior—beside the fact the defendant has never before committed the crime.’ ” Constantine, 263 F.3d at 1127 (citation omitted) (quoting United States v. Benally, 215 F.3d 1068, 1074 (10th Cir. 2000)).

22
State v. Alvaradogreen
wash · 2008 · cited in 3 Washington opinions naming this issue, 2024–2025
2 sentences

2025RCW 9.94A.535(2)(c); State v. Alvarado, 164 Wn.2d 556, 567-68 , 192 P.3d 345 (2008).

2025RCW 9.94A.535(2)(c); State v. Alvarado, 164 Wn.2d 556, 567-68 , 192 P.3d 345 (2008).

13
United States v. Constantinegreen
ca10 · 2001 · cited in 2 Washington opinions naming this issue, 2002–2002
2 sentences

2002As one court explained, "[a]n aberrant behavior departure must be based upon something other than the fact the act `is merely a first offense.' `Stated differently, the permissible factors in this context must illustrate some unique circumstance—some element of abnormal or exceptional behavior—beside the fact the defendant has never before committed the crime.'" Constantine, 263 F.3d at 1127 (quoting United States v. Benally, 215 F.3d 1068, 1074 (10th Cir.2000)).

2002As one court explained, “[a]n aberrant behavior departure must be based upon something other than the fact the act ‘is merely a first offense.’ ‘Stated differently, the permissible factors in this context must illustrate some unique circumstance—some element of abnormal or exceptional behavior—beside the fact the defendant has never before committed the crime.’ ” Constantine, 263 F.3d at 1127 (citation omitted) (quoting United States v. Benally, 215 F.3d 1068, 1074 (10th Cir. 2000)).

12
State v. DeVincentisgreen
wash · 2003 · cited in 1 Washington opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., State v. DeVincentis, 150 Wn.2d 11, 17-18 , 74 P.3d 119 (2003); Gresham, 173 Wn.2d at 421-22 .

11
Carlson v. City of Bellevuegreen
wash · 1968 · cited in 1 Washington opinions naming this issue, 1980–1980
2 sentences

1980See, e.g., Carlson v. Bellevue, 73 Wn.2d 41 , 435 P.2d 957 (1968); Smith v. Skagit County, 75 Wn.2d 715 , 453 P.2d 832 (1969).

1980See, e.g., Carlson v. Bellevue, 73 Wn.2d 41 , 435 P.2d 957 (1968); Smith v. Skagit County, 75 Wn.2d 715 , 453 P.2d 832 (1969).

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 (13)

CaseCitedYears
State v. Gresham green
wash · 2012
2 sentences

2025See, e.g., State v. DeVincentis, 150 Wn.2d 11, 17-18 , 74 P.3d 119 (2003); Gresham, 173 Wn.2d at 421-22 .

2023See, e.g., DeVincentis, 150 Wn.2d at 17-18 ; Gresham, 173 Wn.2d at 421-22 .

22023–2025
State v. Alvarado green
wash · 2008
2 sentences

2025RCW 9.94A.535(2)(c); State v. Alvarado, 164 Wn.2d 556, 567-68 , 192 P.3d 345 (2008).

2025RCW 9.94A.535(2)(c); State v. Alvarado, 164 Wn.2d 556, 567-68 , 192 P.3d 345 (2008).

22025–2025
In re the Personal Restraint of Andress red
wash · 2002
2 sentences

2021State v. Leech, 114 Wn.2d 700, 710 , 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 .

2020State v. Leech, 114 Wn.2d 700 , 710 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 21 No. 36795-9-III State v. Jones 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 ; State v. Bryant, 89 Wn.

22020–2021
State v. Leech green
wash · 1990
2 sentences

2021State v. Leech, 114 Wn.2d 700, 710 , 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 .

2021State v. Leech, 114 Wn.2d 700, 710 , 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 .

22020–2021
State v. Shipp green
wash · 1980
2 sentences

2021State v. Leech, 114 Wn.2d 700, 710 , 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 .

2020State v. Leech, 114 Wn.2d 700 , 710 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 21 No. 36795-9-III State v. Jones 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 ; State v. Bryant, 89 Wn.

22020–2021
In Re Personal Restraint of Andress red
wash · 2002
2 sentences

2021State v. Leech, 114 Wn.2d 700, 710 , 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 .

2020State v. Leech, 114 Wn.2d 700 , 710 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 21 No. 36795-9-III State v. Jones 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 ; State v. Bryant, 89 Wn.

22020–2021
UNITED STATES of America, Plaintiff-Appellee, v. Gary Wayne GLENN, Defendant-Appellant green
ca9 · 1982
2 sentences

1990Cir. 1976); United States v. Grandmont, 680 F.2d 867 (1st Cir. 1982); United States v. Glenn, 667 F.2d 1269 (9th Cir. 1982).

1990Cir.1976); United States v. Grandmont, 680 F.2d 867 (1st Cir.1982); United States v. Glenn, 667 F.2d 1269 (9th Cir.1982).

21988–1990
United States v. Richard Grandmont green
ca1 · 1982
2 sentences

1990Cir. 1976); United States v. Grandmont, 680 F.2d 867 (1st Cir. 1982); United States v. Glenn, 667 F.2d 1269 (9th Cir. 1982).

1990Cir.1976); United States v. Grandmont, 680 F.2d 867 (1st Cir.1982); United States v. Glenn, 667 F.2d 1269 (9th Cir.1982).

21988–1990
United States v. Tyrone Smith, United States of America v. Anthony E. Gartrell green
cadc · 1976
2 sentences

1990The rule is stated in the disjunctive, "dishonesty or false statement." Yet, even where the federal courts have allowed inquiry into the underlying facts of a theft crime to determine whether it involves dishonesty or false statement, they have often stated the permissible inquiry as whether the offense was committed "by fraudulent or deceitful means." See, e.g., United States v. Smith, 551 F.2d 348 (D.C.

1990The rule is stated in the disjunctive, "dishonesty or false statement." Yet, even where the federal courts have allowed inquiry into the underlying facts of a theft crime to determine whether it involves dishonesty or false statement, they have often stated the permissible inquiry as whether the offense was committed "by fraudulent or deceitful means." See, e.g., United States v. Smith, 551 F.2d 348 (D.C.

21988–1990
Strickland v. Washington green
scotus · 1984
1 sentence

2025Under Strickland, both deficient performance and prejudice must be proven, and without one, the ineffective assistance challenge fails. 466 U.S. at 687 .

12025–2025
State v. Crossguns green
wash · 2022
1 sentence

2023Crossguns, 199 Wn.2d at 290 .

12023–2023
State v. Bryant green
washctapp · 1998
1 sentence

2020State v. Leech, 114 Wn.2d 700 , 710 790 P.2d 160 (1990), abrogated on other grounds by In re Personal Restraint of Andress, 21 No. 36795-9-III State v. Jones 147 Wn.2d 602 , 56 P.3d 981 (2002); State v. Shipp, 93 Wn.2d at 515-16 ; State v. Bryant, 89 Wn.

12020–2020
Smith v. Skagit County green
wash · 1969
2 sentences

1980See, e.g., Carlson v. Bellevue, 73 Wn.2d 41 , 435 P.2d 957 (1968); Smith v. Skagit County, 75 Wn.2d 715 , 453 P.2d 832 (1969).

1980See, e.g., Carlson v. Bellevue, 73 Wn.2d 41 , 435 P.2d 957 (1968); Smith v. Skagit County, 75 Wn.2d 715 , 453 P.2d 832 (1969).

11980–1980

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (5) WA § Wash. Rev. Code § 9.94A.535 (3) WA § Wash. Rev. Code § 9.94A.589 (3) WA § Wash. Rev. Code § 9A.20.021 (3)

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 38 (1982–2026) PA 23 (1947–2026) NY 22 (1904–2025) CA 19 (1962–2024) NJ 17 (1925–2026) MI 14 (1968–2026) WA 13 (1980–2025) IL 11 (1976–2022) IA 11 (1942–2020) GA 10 (1965–2013) WY 10 (1996–2026) OR 10 (1964–2025) MA 10 (1936–2025) FL 9 (1980–2024) MO 8 (1966–2025) OH 6 (1994–2025) TN 6 (1980–2016) AZ 6 (1988–2022) NM 6 (1968–2017) AL 6 (1926–2016) DC 6 (1984–2024) MD 5 (1961–2021) OK 5 (1936–2010) DE 5 (1907–1997) MS 4 (1986–2014) MT 4 (1986–2000) KS 4 (2006–2024) NC 4 (2014–2025) WI 4 (1976–2018) WV 4 (1964–2013) ND 3 (1989–2012) MN 3 (1938–2025) AR 2 (1972–1995) AK 2 (1971–1985) VT 2 (2010–2014) IN 2 (1990–1993)

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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