burden of proving error in Washington

86 Washington opinions name it 2 courts 1942–2025 11 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 (8)

Case	Followed	Cited
State v. Guloygreen wash · 1985 · cited in 8 Washington opinions naming this issue, 1989–2021 2 sentences 1990See State v. Guloy, 104 Wn.2d 412, 425 , 705 P.2d 1182 (1985) (State bears the burden of proving error harmless), cert. denied, 475 U.S. 1020 (1986); State v. St. 1990See State v. Guloy, 104 Wn.2d 412, 425 , 705 P.2d 1182 (1985) (State bears the burden of proving error harmless), cert. denied, 475 U.S. 1020 (1986); State v. St.	1	8
Mullaney v. Wilburgreen scotus · 1975 · cited in 2 Washington opinions naming this issue, 1983–2014 2 sentences 2014State v. Fry, 168 Wn.2d 1, 7 , 228 P.3d 1 (2010) (explaining that “[a]n affirmative defense admits the defendant committed a criminal act but pleads an excuse for doing so”; it “does not negate any elements of the charged crime”); Mullaney v. Wilbur, 421 U.S. 684, 699, 704 , 95 S. Ct. 1881 , 44 L. 2014State v. Fry, 168 Wn.2d 1, 7 , 228 P.3d 1 (2010) (explaining that “[a]n affirmative defense admits the defendant committed a criminal act but pleads an excuse for doing so”; it “does not negate any elements of the charged crime”); Mullaney v. Wilbur, 421 U.S. 684, 699, 704 , 95 S. Ct. 1881 , 44 L.	1	2
State v. Kestergreen washctapp · 1984 · cited in 2 Washington opinions naming this issue, 2009–2009 2 sentences 2009Consent and forcible compulsion are "conceptual opposites." Id. at 637 , 781 P.2d 483 ; accord State v. Kester, 38 Wash.App. 590, 594 , 686 P.2d 1081 (1984). [2] The court concluded that, based on the statute and the Washington Constitution, the burden of proving the defense of consent lies with the defendant. 2009App. 590, 594 , 686 P.2d 1081 (1984). 2 The court concluded that, based on the statute and the Washington Constitution, the burden of proving the defense of consent lies with the defendant.	1	2
State v. Hundleygreen wash · 1995 · cited in 2 Washington opinions naming this issue, 2000–2000 2 sentences 2000State v. Riker, 123 Wash.2d 351, 368 , 869 P.2d 43 (1994) (dealing with the defense of duress and holding that "an affirmative defense which does not negate an element of the crime charged, but only excuses the conduct, should be proved by a preponderance of the evidence."); Hundley, 126 Wash.2d at 419 , 895 P.2d 403 (noting that Riker' ss analysis is likely applicable to the defense of unwitting possession). 2000State v. Riker, 123 Wn.2d 351, 368 , 869 P.2d 43 (1994) (dealing with the defense of duress and holding that “an affirmative defense which does not negate an element of the crime charged, but only excuses the conduct, should be proved by a preponderance of the evidence”); Hundley, 126 Wn.2d at 419 (noting that Riker’s analysis is likely applicable to the defense of unwitting possession).	1	2
Halter v. Secretary of the Treasurygreen scotus · 1986 · cited in 2 Washington opinions naming this issue, 1989–1990 2 sentences 1990See State v. Guloy, 104 Wn.2d 412, 425 , 705 P.2d 1182 (1985) (State bears the burden of proving error harmless), cert. denied, 475 U.S. 1020 (1986); State v. St. 1990See State v. Guloy, 104 Wn.2d 412, 425 , 705 P.2d 1182 (1985) (State bears the burden of proving error harmless), cert. denied, 475 U.S. 1020 (1986); State v. St.	1	2
United States v. Scrogginsgreen ca5 · 2010 · cited in 1 Washington opinions naming this issue, 2021–2021	1	1
State v. Cartergreen md · 2021 · cited in 1 Washington opinions naming this issue, 2021–2021	1	1
State v. Ladsongreen wash · 1999 · cited in 1 Washington opinions naming this issue, 2021–2021	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (72)

Case	Cited	Years
State v. Stephens green wash · 1980 2 sentences 2024State v. Stephens, 93 Wn.2d 186, 190-91 , 607 P.2d 304 (1980). 2024State v. Stephens, 93 Wn.2d 186, 190-91 , 607 P.2d 304 (1980).	8	1983–2024
State v. Caldwell green wash · 1980 2 sentences 2001“An error infringing upon a defendant’s constitutional rights is presumed to be prejudicial, and the State has the burden of proving the error was harmless.” State v. Miller, 131 Wn.2d 78, 90 , 929 P.2d 372 (1997) (citing State v. Caldwell, 94 Wn.2d 614 , 618 P.2d 508 (1980)). 2001“An error infringing upon a defendant’s constitutional rights is presumed to be prejudicial, and the State has the burden of proving the error was harmless.” State v. Miller, 131 Wn.2d 78, 90 , 929 P.2d 372 (1997) (citing State v. Caldwell, 94 Wn.2d 614 , 618 P.2d 508 (1980)).	8	1998–2001
State v. Miller green wash · 1997 2 sentences 2001“An error infringing upon a defendant’s constitutional rights is presumed to be prejudicial, and the State has the burden of proving the error was harmless.” State v. Miller, 131 Wn.2d 78, 90 , 929 P.2d 372 (1997) (citing State v. Caldwell, 94 Wn.2d 614 , 618 P.2d 508 (1980)). 2001"An error infringing upon a defendant's constitutional rights is presumed to be prejudicial, and the State has the burden of proving the error was harmless." State v. Miller, 131 Wash.2d 78, 90 , 929 P.2d 372 (1997) (citing State v. Caldwell, 94 Wash.2d 614 , 618 P.2d 508 (1980)).	6	2001–2001
State v. Miller green wash · 1997 2 sentences 2001“An error infringing upon a defendant’s constitutional rights is presumed to be prejudicial, and the State has the burden of proving the error was harmless.” State v. Miller, 131 Wn.2d 78, 90 , 929 P.2d 372 (1997) (citing State v. Caldwell, 94 Wn.2d 614 , 618 P.2d 508 (1980)). 2001"An error infringing upon a defendant's constitutional rights is presumed to be prejudicial, and the State has the burden of proving the error was harmless." State v. Miller, 131 Wash.2d 78, 90 , 929 P.2d 372 (1997) (citing State v. Caldwell, 94 Wash.2d 614 , 618 P.2d 508 (1980)).	6	2001–2001
State v. W.R. green wash · 2014 2 sentences 2019W.R., 181 Wn.2d at 762 . 2015“But when a defense necessarily negates an element of an offense, it is not at true affirmative defense, and the legislature may not allocate to the defendant the burden of proving the defense.” W.R., 181 Wn.2d at 762 .	5	2015–2019
State v. Irby green wash · 2011 2 sentences 2021Id. at 886 . 2015The State has the burden of proving the error was harmless, and must do so beyond a reasonable Irby, 170 Wn.2d at 886 .	4	2014–2021
State v. Spotted Elk green washctapp · 2001 2 sentences 2017State v. Spotted Elk, 109 Wn. 2017State v. Spotted Elk, 109 Wn.	4	2002–2017
State v. Hendrickson green wash · 1996 2 sentences 2021Although general principles can overlap, we decline Meredith’s invitation to analogize bus passengers with individuals in private vehicles. 7 No. 81203-3-I/8 question is whether it was authorized by one of “‘a few jealously and carefully drawn exceptions.’”15 The State has the burden of proving an exception applied.16 “In a society based on law, the concept of agreement and consent should be given a weight and dignity of its own.”17 A valid consent is a well-recognized exception to the warrant requirement for a seizure. 18 The totality of the 15Ladson, 138 Wn.2d at 349 (internal quotation mark 2021Although general principles can overlap, we decline Meredith’s invitation to analogize bus passengers with individuals in private vehicles. 7 No. 81203-3-I/8 question is whether it was authorized by one of “‘a few jealously and carefully drawn exceptions.’”15 The State has the burden of proving an exception applied.16 “In a society based on law, the concept of agreement and consent should be given a weight and dignity of its own.”17 A valid consent is a well-recognized exception to the warrant requirement for a seizure. 18 The totality of the 15Ladson, 138 Wn.2d at 349 (internal quotation mark	3	2002–2021
State v. Hendrickson green wash · 1996 2 sentences 2021Although general principles can overlap, we decline Meredith’s invitation to analogize bus passengers with individuals in private vehicles. 7 No. 81203-3-I/8 question is whether it was authorized by one of “‘a few jealously and carefully drawn exceptions.’”15 The State has the burden of proving an exception applied.16 “In a society based on law, the concept of agreement and consent should be given a weight and dignity of its own.”17 A valid consent is a well-recognized exception to the warrant requirement for a seizure. 18 The totality of the 15Ladson, 138 Wn.2d at 349 (internal quotation mark 2021Although general principles can overlap, we decline Meredith’s invitation to analogize bus passengers with individuals in private vehicles. 7 No. 81203-3-I/8 question is whether it was authorized by one of “‘a few jealously and carefully drawn exceptions.’”15 The State has the burden of proving an exception applied.16 “In a society based on law, the concept of agreement and consent should be given a weight and dignity of its own.”17 A valid consent is a well-recognized exception to the warrant requirement for a seizure. 18 The totality of the 15Ladson, 138 Wn.2d at 349 (internal quotation mark	3	2002–2021
State v. Riker green wash · 1994 2 sentences 2020In Riker, the Supreme Court rejected a defendant’s argument that while she had the burden of proving the defense of duress, it was only to the extent of creating a reasonable doubt in the minds of the jurors as to her guilt—a lower standard than preponderance of the evidence. 123 Wn.2d at 366 . 2000State v. Riker, 123 Wn.2d 351, 368 , 869 P.2d 43 (1994) (dealing with the defense of duress and holding that “an affirmative defense which does not negate an element of the crime charged, but only excuses the conduct, should be proved by a preponderance of the evidence”); Hundley, 126 Wn.2d at 419 (noting that Riker’s analysis is likely applicable to the defense of unwitting possession).	3	2000–2020
State v. Miller neutral washctapp · 2014 2 sentences 2024“The State has the burden of proving the error was harmless beyond a reasonable doubt.” State v. Miller, 184 Wn. 2024App. 637, 647 , 338 P.3d 873 (2014).	2	2024–2024
State v. Fry green wash · 2010 2 sentences 2014State v. Fry, 168 Wn.2d 1, 7 , 228 P.3d 1 (2010) (explaining that "[a]n affirmative defense admits the defendant committed a criminal act but pleads an excuse for doing so"; it "does not negate any elements of the charged crime"); Mullaney v. Wilbur, 421 U.S. 1 Our state constitution similarly guarantees, "No person shall be deprived of life, liberty, or property, without due process oflaw." CONST. art. 2014State v. Fry, 168 Wn.2d 1, 7 , 228 P.3d 1 (2010) (explaining that “[a]n affirmative defense admits the defendant committed a criminal act but pleads an excuse for doing so”; it “does not negate any elements of the charged crime”); Mullaney v. Wilbur, 421 U.S. 684, 699, 704 , 95 S. Ct. 1881 , 44 L.	2	2014–2014
State v. Fry green wash · 2010 2 sentences 2014State v. Fry, 168 Wn.2d 1, 7 , 228 P.3d 1 (2010) (explaining that "[a]n affirmative defense admits the defendant committed a criminal act but pleads an excuse for doing so"; it "does not negate any elements of the charged crime"); Mullaney v. Wilbur, 421 U.S. 1 Our state constitution similarly guarantees, "No person shall be deprived of life, liberty, or property, without due process oflaw." CONST. art. 2014State v. Fry, 168 Wn.2d 1, 7 , 228 P.3d 1 (2010) (explaining that “[a]n affirmative defense admits the defendant committed a criminal act but pleads an excuse for doing so”; it “does not negate any elements of the charged crime”); Mullaney v. Wilbur, 421 U.S. 684, 699, 704 , 95 S. Ct. 1881 , 44 L.	2	2014–2014
State v. Schultz green wash · 2011 2 sentences 2013No. 68828-6-1/4 "As a general rule, warrantless searches and seizures are per se unreasonable, in violation of the Fourth Amendment to the United States Constitution and article I, section 7 of the Washington Constitution."5 Despite the protections against warrantless searches "'there are a few jealously and carefully drawn exceptions to the warrant requirement.'"6 The State bears the burden of proving an exception applies.7 The emergency aid exception is one ofthese exceptions.8 "This exception emerges from the police's 'community caretaking function' and 'allows for the limited invasion of c 2013State v. Schultz, 170 Wn.2d 746, 754 , 248 P.3d 484 (2011).	2	2013–2013
State v. Schultz green wash · 2011 2 sentences 2013During that search, police officers discovered illegal drugs that served as the 1 State v.Garvin, 166 Wn.2d 242, 249 , 207 P.3d 1266 (2009). 2 State v. Schultz. 170 Wn.2d 746, 753-54 , 248 P.3d 484 (2011) (quoting State v. Reichenbach. 153Wn.2d 126, 131, 101 P.3d 80 (2004)). 3 Id. at 754. 2013State v. Schultz, 170 Wn.2d 746, 754 , 248 P.3d 484 (2011).	2	2013–2013
State v. Camara red wash · 1989 2 sentences 2009Consent and forcible compulsion are "conceptual opposites." Id. at 637 , 781 P.2d 483 ; accord State v. Kester, 38 Wash.App. 590, 594 , 686 P.2d 1081 (1984). [2] The court concluded that, based on the statute and the Washington Constitution, the burden of proving the defense of consent lies with the defendant. 2009Consent and forcible compulsion are "conceptual opposites." Id. at 637 , 781 P.2d 483 ; accord State v. Kester, 38 Wash.App. 590, 594 , 686 P.2d 1081 (1984). [2] The court concluded that, based on the statute and the Washington Constitution, the burden of proving the defense of consent lies with the defendant.	2	2009–2009
State v. Wicke green wash · 1979 2 sentences 2007State v. Wicke, 91 Wn.2d 638, 645 , 591 P.2d 452 (1979). 2007State v. Wicke, 91 Wn.2d 638, 645 , 591 P.2d 452 (1979).	2	2007–2007
Wellington River Hollow, L.L.C. v. King County green washctapp · 2002 2 sentences 2003RCW 36.70C.130(1); Wellington River Hollow, L.L.C. v. King County, 113 Wn. 2003RCW 36.70C.130(1); Wellington River Hollow, LLC v. King County, 113 Wash.App. 574, 579-80 , 54 P.3d 213 (2002).	2	2003–2003
Christianson v. Snohomish Health Dist. green wash · 1997 2 sentences 2002Christianson v. Snohomish Health Dist., 133 Wash.2d 647, 659-61 , 946 P.2d 768 (1997). 2002Christianson v. Snohomish Health Dist., 133 Wn.2d 647, 659-61 , 946 P.2d 768 (1997).	2	2002–2002
Christianson v. Snohomish Health District green wash · 1997 2 sentences 2002Christianson v. Snohomish Health Dist., 133 Wash.2d 647, 659-61 , 946 P.2d 768 (1997). 2002Christianson v. Snohomish Health Dist., 133 Wn.2d 647, 659-61 , 946 P.2d 768 (1997).	2	2002–2002
State v. O'Neill green washctapp · 2001 2 sentences 2002State v. O'Neill, 104 Wash.App. 850, 859 , 17 P.3d 682 , review granted, 144 Wash.2d 1008 , 31 P.3d 1185 (2001); State v. Thorn, 129 Wash.2d 347, 354 , 917 P.2d 108 (1996). 2002State v. O’Neill, 104 Wn.	2	2002–2002
State v. Aumick green wash · 1995 2 sentences 2001“The error cannot be declared harmless unless it was ‘harmless beyond a reasonable doubt.’ ” Miller, 131 Wn.2d at 90 (quoting State v. Stephens, 93 Wn.2d 186, 191 , 607 P.2d 304 (1980); State v. Aumick, 126 Wn.2d 422 , 894 P.2d 1325 (1995)). 2001“The error cannot be declared harmless unless it was ‘harmless beyond a reasonable doubt.’ ” Miller, 131 Wn.2d at 90 (quoting State v. Stephens, 93 Wn.2d 186, 191 , 607 P.2d 304 (1980); State v. Aumick, 126 Wn.2d 422 , 894 P.2d 1325 (1995)).	2	2001–2001
State v. Easter green wash · 1996 2 sentences 2001State v. Miller, 131 Wn.2d 78, 90 , 929 P.2d 372 (1997); State v. Easter, 130 Wn.2d 228, 242 , 922 P.2d 1285 (1996); State v. Caldwell, 94 Wn.2d 614, 618 , 618 P.2d 508 (1980). 2001State v. Miller, 131 Wash.2d 78, 90 , 929 P.2d 372 (1997); State v. Easter, 130 Wash.2d 228, 242 , 922 P.2d 1285 (1996); State v. Caldwell, 94 Wash.2d 614, 618 , 618 P.2d 508 (1980).	2	2001–2001
State v. Easter green wash · 1996 2 sentences 2001State v. Miller, 131 Wn.2d 78, 90 , 929 P.2d 372 (1997); State v. Easter, 130 Wn.2d 228, 242 , 922 P.2d 1285 (1996); State v. Caldwell, 94 Wn.2d 614, 618 , 618 P.2d 508 (1980). 2001State v. Miller, 131 Wash.2d 78, 90 , 929 P.2d 372 (1997); State v. Easter, 130 Wash.2d 228, 242 , 922 P.2d 1285 (1996); State v. Caldwell, 94 Wash.2d 614, 618 , 618 P.2d 508 (1980).	2	2001–2001
State v. Clark green wash · 1904 2 sentences 1952State v. Clark, 34 Wash. 485 , 76 Pac. 98 ; State v. Harris, 74 Wash. 60 , 132 Pac. 735 ; State v. Hartley, 25 Wn. (2d) 211, 170 P. (2d) 333 . 1952State v. Clark, 34 Wash. 485 , 76 Pac. 98 ; State v. Harris, 74 Wash. 60 , 132 Pac. 735 ; State v. Hartley, 25 Wn. (2d) 211, 170 P. (2d) 333 .	2	1946–1952
State v. Coristine green wash · 2013	1	2025–2025
State v. Sutherby green wash · 2009	1	2022–2022
State v. Sutherby green wash · 2009	1	2022–2022
Providence Health & Services—Washington v. Department of Health neutral washctapp · 2016	1	2021–2021
State v. Hahn green wash · 1986	1	2021–2021
United States v. Drayton green scotus · 2002	1	2021–2021
State v. Reichenbach green wash · 2004	1	2021–2021
Hines v. Data Line Systems, Inc. green wash · 1990	1	2021–2021
People v. Goins green nyappdiv · 2007	1	2021–2021
People v. Gardner neutral nyappdiv · 2007	1	2021–2021
Jones v. State green md · 2008	1	2021–2021
Schneckloth v. Bustamonte green scotus · 1973	1	2021–2021
State v. Marino green wash · 1984	1	2020–2020
State v. Bromley green wash · 1967	1	2020–2020
Pleas v. City of Seattle green wash · 1989	1	2019–2019

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (14) WA § Wash. Rev. Code § 9A.44.010 (7) WA § Wash. Rev. Code § 69.50.401 (6) WA § Wash. Rev. Code § 2.43.030 (5) WA § Wash. Rev. Code § 9.94A.535 (5) WA § Wash. Rev. Code § 9A.44.050 (5) WA § Wash. Rev. Code § 9A.44.060 (5) WA § Wash. Rev. Code § 36.70C.130 (4) WA § Wash. Rev. Code § 9A.08.010 (4) WA § Wash. Rev. Code § 9A.32.030 (4) WA § Wash. Rev. Code § 7.68.035 (3) WA § Wash. Rev. Code § 9A.44.040 (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 223 (1908–2026) CA 185 (1920–2026) LA 167 (1939–2025) PA 140 (1919–2026) IN 101 (1922–2024) IL 94 (1907–2026) WA 86 (1942–2025) GA 81 (1940–2026) OH 79 (1957–2025) MO 66 (1929–2025) TN 61 (1985–2025) MI 57 (1948–2025) VA 54 (1918–2024) CT 53 (1982–2026) NY 46 (1882–2025) CO 46 (1938–2026) FL 37 (1944–2025) WV 37 (1919–2026) IA 34 (1902–2025) AZ 31 (1957–2023) NC 29 (1970–2026) AR 29 (1966–2023) WI 28 (1959–2025) MD 27 (2005–2024) AL 25 (1902–2016) MS 24 (1922–2023) NJ 23 (1951–2025) MA 22 (1908–2026) MN 21 (1979–2018) OR 21 (1896–2024) ID 18 (1944–2026) KS 17 (1918–2026) NM 17 (1971–2025) ND 17 (1915–2023) ME 14 (1969–2025) SC 12 (1917–2019) MT 12 (1969–2022) NE 11 (1876–2013) RI 11 (1978–2022) SD 10 (1929–2017) DE 10 (1977–2026) UT 10 (1896–2025) KY 9 (1951–2024) VT 8 (1960–2020) OK 7 (1912–1971) NH 6 (1967–2009) WY 6 (2004–2024) DC 5 (1990–2020) HI 5 (1981–2020) AK 4 (1983–1996) NV 3 (1982–2020) VI 2 (1977–2014)

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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