cumulative error (Washington) · Go Syfert
← Washington issues

cumulative error in Washington

493 Washington opinions name it 2 courts 1981–2026 180 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 (23)

CaseFollowedCited
State v. Webergreen
wash · 2006 · cited in 108 Washington opinions naming this issue, 2008–2026
2 sentences

2025The cumulative error doctrine “does not apply where the errors are few and have little or no effect on the outcome of the trial.” State v. Weber, 159 Wn.2d 252, 279 , 149 P.3d 646 (2006).

2024“Cumulative error may warrant reversal, even if each error standing alone would otherwise be considered harmless.” State v. Weber, 159 Wn.2d 252, 279 , 149 P.3d 646 (2006).

8108
State v. Webergreen
wash · 2006 · cited in 102 Washington opinions naming this issue, 2008–2026
2 sentences

2026However, the cumulative error doctrine does not apply if there were minimal errors and they had “little or no effect on the outcome of trial.” - 28 - No. 86447-5-I/29 Id.

2025The cumulative error doctrine “does not apply where the errors are few and have little or no effect on the outcome of the trial.” State v. Weber, 159 Wn.2d 252, 279 , 149 P.3d 646 (2006).

8102
State v. Emerygreen
wash · 2012 · cited in 62 Washington opinions naming this issue, 2017–2026
2 sentences

2026“Under the cumulative error doctrine, a defendant may be entitled to a new trial when cumulative errors produce a trial that is fundamentally unfair.” Emery, 174 Wn.2d at 766 .

2026“Under the cumulative error doctrine, a defendant may be entitled to a new trial when cumulative errors produce a trial that is fundamentally unfair.” State v. Emery, 174 W.2d 741 , 766, 278 P.3d 653 (2012). “[T]he defendant must show that the combined effect of multiple errors requires a new trial.” State v. Cecil, 34 - 23 - No. 87273-7-I/24 (consol. with No. 87274-5-I) Wn.

462
DeHeer v. Seattle Post-Intelligencergreen
wash · 1962 · cited in 4 Washington opinions naming this issue, 2020–2020
2 sentences

2020App. 907, 911 , 10 P.3d 504 (2000) (“Where no authorities are cited in support of a proposition, the court is not required to search out authorities, but may assume that counsel, after diligent search, has found none.”) (quoting DeHeer v. Seattle Post-Intelligencer, 60 Wn.2d 122, 126 , 372 P.2d 193 (1962)). 21 No. 78964-3-I/22 reversal. 44 Even when this court decides that each error standing alone would otherwise be harmless, cumulative error may warrant this court's reversal of a trial court decision. 45 But, if the errors are few and do not affect the trial's outcome, a court will not find

2020App. 907, 911 , 10 P.3d 504 (2000) (“Where no authorities are cited in support of a proposition, the court is not required to search out authorities, but may assume that counsel, after diligent search, has found none.”) (quoting DeHeer v. Seattle Post-Intelligencer, 60 Wn.2d 122, 126 , 372 P.2d 193 (1962)). 21 No. 78964-3-I/22 reversal. 44 Even when this court decides that each error standing alone would otherwise be harmless, cumulative error may warrant this court's reversal of a trial court decision. 45 But, if the errors are few and do not affect the trial's outcome, a court will not find

34
State v. Greiffgreen
wash · 2000 · cited in 122 Washington opinions naming this issue, 2005–2026
2 sentences

2026The cumulative error doctrine is applied in “instances when there have been several trial errors that standing alone may not be sufficient to justify reversal but when combined may deny a defendant a fair trial.” State v. Greiff, 141 Wn.2d 910, 929 , 10 P.3d 390 (2000).

2026The cumulative error doctrine is applied in “instances when there have been several trial errors that standing alone may not be sufficient to justify reversal but when combined may deny a defendant a fair trial.” State v. Greiff, 141 Wn.2d 910, 929 , 10 P.3d 390 (2000).

2122
State v. Greiffgreen
wash · 2000 · cited in 120 Washington opinions naming this issue, 2005–2026
2 sentences

2026The cumulative error doctrine is applied in “instances when there have been several trial errors that standing alone may not be sufficient to justify reversal but when combined may deny a defendant a fair trial.” State v. Greiff, 141 Wn.2d 910, 929 , 10 P.3d 390 (2000).

2026The cumulative error doctrine is applied in “instances when there have been several trial errors that standing alone may not be sufficient to justify reversal but when combined may deny a defendant a fair trial.” State v. Greiff, 141 Wn.2d 910, 929 , 10 P.3d 390 (2000).

2120
State v. KARLOWgreen
wash · 2012 · cited in 33 Washington opinions naming this issue, 2018–2026
2 sentences

2026CUMULATIVE ERROR Bowers also argues that the cumulative error doctrine warrants reversal and remand for a new trial because the errors he alleged, in total, denied him the right to a fair trial. “[A] defendant may be entitled to a new trial when cumulative errors produce a trial that is fundamentally unfair.” State v. Emery, 174 Wn.2d 741, 766 , 278 P.3d 653 (2012).

2026“Under the cumulative error doctrine, a defendant may be entitled to a new trial when cumulative errors produce a trial that is fundamentally unfair.” State v. Emery, 174 W.2d 741 , 766, 278 P.3d 653 (2012). “[T]he defendant must show that the combined effect of multiple errors requires a new trial.” State v. Cecil, 34 - 23 - No. 87273-7-I/24 (consol. with No. 87274-5-I) Wn.

233
In re the Personal Restraint of Yatesgreen
wash · 2013 · cited in 5 Washington opinions naming this issue, 2013–2020
2 sentences

2020Restraint of Yates, 177 Wn.2d 1 , 65–66, 296 P.3d 872 (2013) (quoting In re Det.

2020See Yates, 177 Wn.2d at 65-66 .

25
State v. Hodgesgreen
washctapp · 2003 · cited in 40 Washington opinions naming this issue, 2005–2024
2 sentences

2024“The cumulative error doctrine applies only when several trial errors occurred which, standing alone, may not be sufficient to justify a reversal, but when combined together, may deny a defendant a fair trial.” State v. Hodges, 118 Wn.

2024“The cumulative error doctrine applies only when several trial errors occurred which, standing alone, may not be sufficient to justify a reversal, but when combined together, may deny a defendant a fair trial.” State v. Hodges, 118 Wn.

140
In re the Detention of Coegreen
wash · 2012 · cited in 30 Washington opinions naming this issue, 2013–2026
2 sentences

2026“The cumulative error doctrine applies where a combination of trial errors denies the accused a fair trial, even where any one of the errors, taken individually, may not justify reversal.” In re Det. of Coe, 175 Wn.2d 482, 515 , 286 P.3d 29 (2012).

2026“The cumulative error doctrine applies where a combination of trial errors denies the accused a fair trial, even where any one of the errors, taken individually, may not justify reversal.” In re Det. of Coe, 175 Wn.2d 482, 515 , 286 P.3d 29 (2012).

130
In re the Personal Restraint of Crossgreen
wash · 2014 · cited in 19 Washington opinions naming this issue, 2015–2024
2 sentences

2024“There is no prejudicial error under the cumulative error rule if the evidence is overwhelming against a defendant.” Cross, 180 Wn.2d at 691 .

2022Restraint of Cross, 180 Wn.2d 664, 690 , 327 P.3d 660 (2014) (“The cumulative error doctrine applies where a combination of trial errors denies the accused of a fair trial, even where any one of the errors, taken individually, would be harmless.”), abrogated on other grounds by State v. Gregory, 192 Wn.2d 1 , 427 P.3d 621 (2018).

119
State v. Davisred
wash · 2012 · cited in 10 Washington opinions naming this issue, 2013–2020
2 sentences

2016While errors that do not individually require reversal may still collectively deny a defendant a fair trial under the cumulative error doctrine, State v. Davis. 175 Wash.2d at 287, 345, 28 Ex. 14. 17 No. 73945-0-1/18 290 P.3d 43 (2012).

2016While errors that do not individually require reversal may still collectively deny a defendant a fair trial under the cumulative error doctrine, State v. Davis. 175 Wash.2d at 287, 345, 28 Ex. 14. 17 No. 73945-0-1/18 290 P.3d 43 (2012).

110
State v. Thorgersongreen
wash · 2011 · cited in 6 Washington opinions naming this issue, 2016–2026
2 sentences

2020We disagree. ‘Cumulative error may call for reversal, even if each error standing alone would be considered harmless.” Thorgerson, 172 Wn.2d at 454 (citing State v. Weber, 159 Wn.2d 252, 279 , 149 P.3d 646 (2006)).

2020See, e.g., Thorgerson, 172 Wn.2d at 442-44, 454 (reviewing multiple claims of prosecutorial misconduct individually and, despite finding some improper, declining to apply the cumulative error doctrine).

16
State v. Yarbroughgreen
washctapp · 2009 · cited in 5 Washington opinions naming this issue, 2014–2024
2 sentences

2024See, e.g., Emery, 174 Wn.2d 741, 766 , 278 P.3d 653 (2012); State v. Yarbrough, 151 Wn.

2014The cumulative error doctrine applies where " there have been several trial errors that standing alone may not be sufficient to justify reversal but when combined may deny a defendant a fair trial." State v. Greiff, 141 Wn.2d 910, 929 , 10 P. 3d 390 ( 2000). " The defendant bears the burden of proving an accumulation of error of sufficient magnitude that retrial is necessary." State v. Yarbrough, 151 Wn.

15
State v. Alexandergreen
washctapp · 1992 · cited in 3 Washington opinions naming this issue, 2009–2016
13
State v. Saundersgreen
washctapp · 2004 · cited in 2 Washington opinions naming this issue, 2016–2020
12
State v. Racusgreen
washctapp · 2019 · cited in 1 Washington opinions naming this issue, 2025–2025
11
State Of Washington, V. Troy C. Restvedtgreen
washctapp · 2023 · cited in 1 Washington opinions naming this issue, 2023–2023
11
State v. Iversongreen
washctapp · 2005 · cited in 1 Washington opinions naming this issue, 2023–2023
11
State v. Elmoregreen
wash · 1999 · cited in 1 Washington opinions naming this issue, 2020–2020
11
State v. Elmoregreen
wash · 1999 · cited in 1 Washington opinions naming this issue, 2020–2020
11
State v. Logangreen
washctapp · 2000 · cited in 1 Washington opinions naming this issue, 2020–2020
11
State v. Logangreen
washctapp · 2000 · cited in 1 Washington opinions naming this issue, 2020–2020
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 (57)

CaseCitedYears
State v. Clark green
wash · 2017
2 sentences

2026Under the cumulative error doctrine, a defendant “must show that while multiple trial errors, ‘standing alone, might not be of sufficient gravity to constitute grounds for a new trial, the combined effect of the accumulation of errors most certainly requires a new trial.’ ” State v. Clark, 187 Wn.2d 641, 649 , 389 P.3d 462 (2017) (quoting State v. Coe, 101 Wn.2d 772, 789 , 684 P.2d 668 (1984)).

2026Under the cumulative error doctrine, a defendant “must show that while multiple trial errors, ‘standing alone, might not be of sufficient gravity to constitute grounds for a new trial, the combined effect of the accumulation of errors most certainly requires a new trial.’ ” State v. Clark, 187 Wn.2d 641, 649 , 389 P.3d 462 (2017) (quoting State v. Coe, 101 Wn.2d 772, 789 , 684 P.2d 668 (1984)).

462019–2026
State v. Venegas green
washctapp · 2010
2 sentences

2025Under the cumulative error doctrine, we may reverse a defendant’s conviction when the combined effect of errors during trial effectively denied him his right to a fair trial, “even if each error standing alone would be harmless.” State v. Venegas, 155 Wn.

2024“Under the cumulative error doctrine, we may reverse a defendant’s conviction - 13 - No. 84765-1-I/14 when the combined effect of errors during trial effectively denied the defendant [the] right to a fair trial even if each error standing alone would be harmless.” State v. Venegas, 155 Wn.

302011–2025
State v. Coe green
wash · 1984
2 sentences

2026Under the cumulative error doctrine, a defendant “must show that while multiple trial errors, ‘standing alone, might not be of sufficient gravity to constitute grounds for a new trial, the combined effect of the accumulation of errors most certainly requires a new trial.’ ” State v. Clark, 187 Wn.2d 641, 649 , 389 P.3d 462 (2017) (quoting State v. Coe, 101 Wn.2d 772, 789 , 684 P.2d 668 (1984)).

2026Under the cumulative error doctrine, a defendant “must show that while multiple trial errors, ‘standing alone, might not be of sufficient gravity to constitute grounds for a new trial, the combined effect of the accumulation of errors most certainly requires a new trial.’ ” State v. Clark, 187 Wn.2d 641, 649 , 389 P.3d 462 (2017) (quoting State v. Coe, 101 Wn.2d 772, 789 , 684 P.2d 668 (1984)).

212009–2026
State v. Venegas green
washctapp · 2010
2 sentences

2025App. 507, 520 , 228 P.3d 813 (2010).

2024App. -28- No. 83638-2-I/29 507, 520, 228 P.3d 813 (2010).

212011–2025
State v. Hodges green
washctapp · 2003
2 sentences

2025App. 668, 673-74 , 77 P.3d 375 (2003) (the cumulative error doctrine applies only when combined trial court errors may deny a defendant a fair trial).

2008App. 668, 673-74 , 77 P.3d 375 (2003). ¶65 We hold that the cumulative error doctrine does not apply here.

142005–2025
State Of Washington, V. Heather Azevedo green
washctapp · 2024
2 sentences

2026App. 2d 70 , 85, 547 P.3d 287 (2024) (quoting In re Pers.

2026App. 2d 70 , 85, 547 P.3d 287 (2024) (quoting In re Pers.

112024–2026
State v. Lazcano green
washctapp · 2015
2 sentences

2026State v. Lazcano, 188 Wn.

2021Accordingly, we accept the State’s concession and remand for resentencing on this count. 4 The offender score was 0 on count III, so that count is unaffected. 32 No. 54241-2-II STATEMENT OF ADDITIONAL GROUNDS FOR REVIEW A. Cumulative Error Under the cumulative error doctrine, the defendant may be entitled to a new trial where “multiple errors combine to deny the defendant a fair trial.” State v. Lazcano, 188 Wn.

92016–2026
State v. Jackson green
washctapp · 2009
2 sentences

2021App. 877, 889 , 209 P.3d 553 9 This instruction followed the Washington Pattern Jury Instruction: A person is entitled to act on appearances in defending [himself] [herself] [another], if [he] [she] believes in good faith and on reasonable grounds that [he] [she] [another] is in actual danger of injury, although it afterwards might develop that the person was mistaken as to the extent of the danger.

2021App. 877, 889 , 209 P.3d 553 (2009).

92015–2021
State v. Jackson green
washctapp · 2009
2 sentences

2021“The cumulative error doctrine applies when several trial errors occurred and none alone warrants reversal but the combined errors effectively denied the defendant of a fair trial.” State v. Jackson, 150 Wn.

2021“The cumulative error doctrine applies when several trial errors occurred and none alone warrants reversal but the combined errors effectively denied the defendant a fair trial.” State v. Jackson, 150 Wn.

92015–2021
State v. Gregory green
wash · 2018
2 sentences

2024Restraint of Cross, 180 Wn.2d 664, 690 , 327 P.3d 660 (2014), abrogated on other grounds by State v. Gregory, 192 Wn.2d 1 , 427 P.3d 621 (2018).

2022Restraint of Cross, 180 Wn.2d 664, 690 , 327 P.3d 660 (2014) (“The cumulative error doctrine applies where a combination of trial errors denies the accused of a fair trial, even where any one of the errors, taken individually, would be harmless.”), abrogated on other grounds by State v. Gregory, 192 Wn.2d 1 , 427 P.3d 621 (2018).

82019–2024
Weber v. Washington green
scotus · 2007
2 sentences

2023State v. Weber, 159 Wn.2d 252, 279 , 149 P.3d 646 (2006), cert. denied, 551 U.S. 1137 (2007).

2020“Cumulative error may warrant reversal, even if each error standing alone would otherwise be considered harmless.” State v. Weber, 159 Wn.2d 252, 279 , 149 P.3d 646 (2006), cert. denied, 551 U.S. 1137 (2007).

72012–2023
State v. Russell green
wash · 1994
2 sentences

2018State v. Russell, 125 Wn.2d 24, 93 , 882 P.2d 747 (1994), cert denied 514 U.S. 1129 (1995).

2018State v. Russell, 125 Wn.2d 24, 93 , 882 P.2d 747 (1994), cert denied 514 U.S. 1129 (1995).

71999–2018
In re the Personal Restraint of Morris green
wash · 2012
2 sentences

2026Restraint of Morris, 176 Wn.2d 157, 172 , 288 P.3d 1140 (2012) (quoting State v. Greiff, 141 Wn.2d 910, 929 , 10 P.3d 390 (2000)).

2026Restraint of Morris, 176 Wn.2d 157, 172 , 288 P.3d 1140 (2012) (quoting State v. Greiff, 141 Wn.2d 910, 929 , 10 P.3d 390 (2000)).

42018–2026
In re the Detention of McGary green
washctapp · 2013
2 sentences

2025Later, this court held that because “this amendment did not take effect until after [the defendant’s ]sentencing, it applies to [the defendant] because this case is on direct 14 Bellerouche also briefly alludes to the cumulative error doctrine, which “applies when several errors occurred during trial that would not merit reversal standing alone, but together effectively denied the defendant a fair trial.” In re Det. of McGray, 175 Wn.

2025Later, this court held that because “this amendment did not take effect until after [the defendant’s ]sentencing, it applies to [the defendant] because this case is on direct 14 Bellerouche also briefly alludes to the cumulative error doctrine, which “applies when several errors occurred during trial that would not merit reversal standing alone, but together effectively denied the defendant a fair trial.” In re Det. of McGray, 175 Wn.

42024–2025
Matter of Personal Restraint of Lord green
wash · 1994
2 sentences

2020The cumulative error doctrine applies when a combination of trial errors denies the accused a fair trial, though one of the errors alone would not warrant 39 Matter of Personal Restraint of Lord, 123 Wn. 2d 296, 306 , 868 P.2d 835 (1994). 40 United States v. Gagnon, 470 U.S. 522, 526 , 105 S.Ct. 1482 , 84 L.Ed. 2d 486 (1985) (quoting Snyder v. Commonwealth of Mass., 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 , 90 A.L.R. 575 (1934)). 41 United States v. Williams, 455 F.2d 361 (9th Cir. 1972). 42 People v. Dokes, 79 N.Y.2d 656 , 584 N.Y.S.2d 761 , 595 N.E.2d 836 (1992). 43 State v. Logan, 102 Wn.

2020The cumulative error doctrine applies when a combination of trial errors denies the accused a fair trial, though one of the errors alone would not warrant 39 Matter of Personal Restraint of Lord, 123 Wn. 2d 296, 306 , 868 P.2d 835 (1994). 40 United States v. Gagnon, 470 U.S. 522, 526 , 105 S.Ct. 1482 , 84 L.Ed. 2d 486 (1985) (quoting Snyder v. Commonwealth of Mass., 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 , 90 A.L.R. 575 (1934)). 41 United States v. Williams, 455 F.2d 361 (9th Cir. 1972). 42 People v. Dokes, 79 N.Y.2d 656 , 584 N.Y.S.2d 761 , 595 N.E.2d 836 (1992). 43 State v. Logan, 102 Wn.

42016–2020
State v. Garcia green
washctapp · 2013
2 sentences

2023Again, “the trial court is in the best position to discern prejudice.” Garcia, 177 Wn.

2015Garcia, 177 Wn.

32014–2023
State v. Ramirez green
wash · 2018
32019–2020
State v. Benn green
wash · 1993
31994–2020
Hittson v. Georgia green
scotus · 1995
32016–2018
State v. Pellum neutral
wash · 2004
32009–2010
Quadrant Corp. v. American States Ins. Co. neutral
wash · 2004
32009–2010
State v. Stith green
washctapp · 1993
22025–2025
State Of Washington, V. Alejandro Samuel Meza neutral
washctapp · 2023
22025–2025
State v. Venegas green
wash · 2010
22022–2022
State v. Blake green
wash · 2021
22021–2022
State Of Washington v. Song Wang green
washctapp · 2018
22021–2021
Osman v. Schmidt (In re E.G.S.) neutral
wash · 2018
22019–2020
Deutsche Bank Nat'l Trust Co. v. Shields neutral
wash · 2018
22019–2020
Storey v. Storey neutral
washctapp · 1978
22014–2019
State v. Walker green
washctapp · 2011
22014–2017
State v. Johnson green
washctapp · 1998
21999–2016
Mich. Beer & Wine Wholesalers Ass'n v. Am. Beverage Ass'n green
scotus · 2013
22015–2015
State v. Cofield green
kan · 2009
22014–2014
State v. Whalon green
washctapp · 1970
22009–2009
State v. Badda green
wash · 1963
22009–2009
State v. Newbern green
washctapp · 1999
22009–2009
State v. Dhaliwal green
wash · 2003
22008–2008
State v. Furman green
wash · 1993
22008–2008
State v. Pirtle green
wash · 1995
22008–2008
State v. Dhaliwal green
wash · 2003
22008–2008

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (214) WA § Wash. Rev. Code § 9.94A.030 (46) WA § Wash. Rev. Code § 9.94A.535 (39) WA § Wash. Rev. Code § 9A.32.030 (39) WA § Wash. Rev. Code § 7.68.035 (32) WA § Wash. Rev. Code § 9A.44.010 (30) WA § Wash. Rev. Code § 9A.08.020 (23) WA § Wash. Rev. Code § 9A.44.083 (23) WA § Wash. Rev. Code § 10.01.160 (22) WA § Wash. Rev. Code § 9.94A.589 (22) WA § Wash. Rev. Code § 9.94A.505 (21) WA § Wash. Rev. Code § 9.94A.525 (21)

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

OH 763 (1984–2026) WA 493 (1981–2026) CA 282 (1961–2026) TN 276 (2001–2026) KS 247 (1994–2026) NM 222 (1967–2026) UT 194 (1986–2026) ID 183 (1987–2026) CO 143 (1983–2026) MS 136 (1991–2026) TX 132 (1948–2026) GA 106 (1984–2026) NV 99 (1994–2026) FL 98 (1985–2025) KY 89 (2012–2026) OK 76 (1988–2026) NJ 75 (1989–2026) WV 66 (1976–2025) MT 55 (1976–2026) AL 43 (1980–2022) IL 42 (1982–2026) MI 35 (1995–2026) AZ 35 (1966–2026) WY 29 (1991–2025) AR 29 (1994–2025) MN 23 (1989–2026) PA 22 (1979–2026) SC 22 (2005–2026) OR 17 (2000–2026) MA 12 (1996–2025) CT 12 (1980–2021) NE 12 (2002–2026) DE 11 (2014–2025) NC 10 (2014–2026) IA 10 (2017–2025) LA 8 (2009–2024) VI 6 (2012–2013) MD 5 (1999–2022) WI 4 (2003–2022) SD 3 (2019–2026) ME 3 (2013–2024) ND 2 (2013–2013) IN 2 (2009–2018) VT 2 (2017–2018)

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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