second and third factors (Washington) · Go Syfert
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second and third factors in Washington

14 Washington opinions name it 2 courts 2013–2025 3 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
Lesley v. Department of Social & Health Servicesgreen
washctapp · 1996 · cited in 1 Washington opinions naming this issue, 2021–2021
2 sentences

2021See Lesley v. Dept. of Soc. & Health Servs., 83 Wn. App. 263, 275 , 921 P.2d 1066 (1996) (summary judgment on qualified immunity reversed because questions of fact existed as to whether caseworker followed proper procedures in removing child from parental custody).

2021See Lesley v. Dept. of Soc. & Health Servs., 83 Wn. App. 263, 275 , 921 P.2d 1066 (1996) (summary judgment on qualified immunity reversed because questions of fact existed as to whether caseworker followed proper procedures in removing child from parental custody).

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 (17)

CaseCitedYears
Roberts v. Smith green
washctapp · 1985
2 sentences

2020Hellberg, 66 Wn.2d at 668 ; Roberts, 41 Wn. App. at 865 .

2013Hellberg, 66 Wn.2d at 668 ; Roberts, 41 Wn.

32013–2020
Hellberg v. Coffin Sheep Co. green
wash · 1965
2 sentences

2020Hellberg, 66 Wn.2d at 668 ; Roberts, 41 Wn. App. at 865 .

2013Hellberg, 66 Wn.2d at 668 ; Roberts, 41 Wn.

22013–2020
McPhaden v. Scott green
washctapp · 1999
2 sentences

2017App. 431, 437 , 975 P.2d 1033 (1999).

2017The first factor is required, while the second and third factors are treated as “aids to determining the presumed intent of the parties as disclosed by the extent and character of the use, the nature of the property, and the relation of the separated parts to each other.” McPhaden v. Scott, 95 Wn.

22013–2017
State v. Pirtle green
wash · 1995
1 sentence

2025“The second and third factors can be further combined as -8- evidence of planning.” Id. “[A] wide range of proven facts will support an inference of premeditation.” State v. Finch, 137 Wn.2d 792, 831 , 975 P.2d 967 (1999).

12025–2025
State v. Finch green
wash · 1999
1 sentence

2025“The second and third factors can be further combined as -8- evidence of planning.” Id. “[A] wide range of proven facts will support an inference of premeditation.” State v. Finch, 137 Wn.2d 792, 831 , 975 P.2d 967 (1999).

12025–2025
State v. Finch green
wash · 1999
1 sentence

2025“The second and third factors can be further combined as -8- evidence of planning.” Id. “[A] wide range of proven facts will support an inference of premeditation.” State v. Finch, 137 Wn.2d 792, 831 , 975 P.2d 967 (1999).

12025–2025
Commonwealth v. Hourican green
massappct · 2014
1 sentence

2024Because Keller showed so few signs of impairment on the second and third test, Justin began to think that Keller might “just have a natural nystagmus in his eyes.” Id.

12024–2024
California v. Sierra Club green
scotus · 1981
2 sentences

2020Co. v. Russell, 473 U.S. 134, 145 , 105 S. Ct. 3085 , 87 L. Ed. 2d 96 (1985) (quoting California v. Sierra Club, 451 U.S. 287, 297 , 101 S. Ct. 1775 , 68 L. Ed. 2d 101 (1981))) (the second and third factors were also referred to as “congressional intent” and “statutory consistency”).

2020Co. v. Russell, 473 U.S. 134, 145 , 105 S. Ct. 3085 , 87 L. Ed. 2d 96 (1985) (quoting California v. Sierra Club, 451 U.S. 287, 297 , 101 S. Ct. 1775 , 68 L. Ed. 2d 101 (1981))) (the second and third factors were also referred to as “congressional intent” and “statutory consistency”).

12020–2020
Massachusetts Mutual Life Insurance v. Russell green
scotus · 1985
2 sentences

2020Co. v. Russell, 473 U.S. 134, 145 , 105 S. Ct. 3085 , 87 L. Ed. 2d 96 (1985) (quoting California v. Sierra Club, 451 U.S. 287, 297 , 101 S. Ct. 1775 , 68 L. Ed. 2d 101 (1981))) (the second and third factors were also referred to as “congressional intent” and “statutory consistency”).

2020Co. v. Russell, 473 U.S. 134, 145 , 105 S. Ct. 3085 , 87 L. Ed. 2d 96 (1985) (quoting California v. Sierra Club, 451 U.S. 287, 297 , 101 S. Ct. 1775 , 68 L. Ed. 2d 101 (1981))) (the second and third factors were also referred to as “congressional intent” and “statutory consistency”).

12020–2020
In re the Estate of Stevens green
washctapp · 1999
1 sentence

2019Id.

12019–2019
State v. Smith green
wash · 2014
1 sentence

2019Id. “[N]ot every interaction between the court, counsel, and defendants will implicate the right to a public trial or constitute a closure if closed to the public.” State v. Sublett, 176 Wn.2d 58, 71 , 292 P.3d 715 (2012).

12019–2019
State v. Sublett green
wash · 2012
2 sentences

2019Id. “[N]ot every interaction between the court, counsel, and defendants will implicate the right to a public trial or constitute a closure if closed to the public.” State v. Sublett, 176 Wn.2d 58, 71 , 292 P.3d 715 (2012).

2019Id. “[N]ot every interaction between the court, counsel, and defendants will implicate the right to a public trial or constitute a closure if closed to the public.” State v. Sublett, 176 Wn.2d 58, 71 , 292 P.3d 715 (2012).

12019–2019
Fortgang v. Woodland Park Zoo green
wash · 2017
1 sentence

2019We turn to the evidence presented by the parties on the four factors. 4 It slightly modified the model rules’ statement of the second and third factors, articulating them as “(2) the extent to which the government funds the entity’s activities [and] (3) the extent of government involvement in the entity’s activities.” Fortgang, 187 Wn.2d at 518 . 8 No. 36233-7-III Strand v. Council 2, Wash. St.

12019–2019
State v. Hurtado green
washctapp · 2013
1 sentence

2019The court further reasoned that the second and third factors of the Sandoval test "incorporate Shafer's declarant-centric standard' because the declarant must make the statement to a nongovernmental witness." Id. at 600, 294 P.3d 838 .

12019–2019
State v. Koslowski green
wash · 2009
1 sentence

2014Further, “it is not inconsistent to speak of past events in conjunction with an ongoing emergency and, in appropriate circumstances, considering all of the factors the Court identified [in Davis], the fact that some statements are made with regard to recent past events does not cast them in testimonial stone.” Koslowski, 166 Wn.2d at 423 n.8. ¶52 As to the second and third factors, Officer Misiano and Sergeant Walters went into Dayroom 2 in response to a medical emergency.

12014–2014
Haberman v. Washington Public Power Supply System green
wash · 1988
1 sentence

2013Because the second and third CR 15(c) 12 Haberman, 109 Wn.2d at 174 . 13 Perrin. 158 Wn.

12013–2013
Perrin v. Stensland green
washctapp · 2010
1 sentence

2013Because the second and third CR 15(c) 12 Haberman, 109 Wn.2d at 174 . 13 Perrin. 158 Wn.

12013–2013

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

TX 45 (2000–2026) MI 36 (1975–2025) IL 23 (1987–2026) CA 20 (1966–2025) WA 14 (2013–2025) NY 13 (2006–2026) PA 11 (1971–2024) CO 10 (1988–2026) IA 9 (2000–2023) NJ 9 (1996–2025) FL 9 (1985–2020) WI 7 (1998–2024) MA 7 (1986–2026) MS 6 (2018–2024) MN 6 (1988–2025) OR 5 (2018–2026) HI 5 (2010–2019) NM 5 (2016–2022) WY 5 (1986–2022) MO 5 (1986–2017) MD 5 (1977–2014) LA 5 (2000–2025) CT 5 (1998–2020) NV 4 (2019–2024) OH 4 (2012–2026) KS 4 (2022–2026) MT 3 (2000–2005) AL 3 (1983–2008) DC 3 (2012–2024) AZ 3 (2004–2007) DE 3 (2022–2024) AK 2 (1990–2023) VT 2 (1995–2016) ND 2 (1985–2007) SD 2 (1998–2003) OK 2 (1977–1977) UT 2 (2014–2017) TN 2 (2002–2010) VA 2 (2008–2025) IN 2 (1998–2012) SC 2 (2011–2011) NH 2 (2009–2024)

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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