does not end inquiry (Washington) · Go Syfert
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does not end inquiry in Washington

12 Washington opinions name it 2 courts 1994–2022 2 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 (4)

CaseFollowedCited
State v. Callegreen
wash · 1995 · cited in 4 Washington opinions naming this issue, 2004–2005
2 sentences

2005See State v. Calle, 125 Wn.2d 769, 776 , 888 P.2d 155 (1995) (legislative prerogative to define elements of crimes); Leach, 113 Wn.2d at 695 (information must be adequate to allow defendants to prepare a defense). ¶15 However, this does not end our inquiry.

2005See State v. Calle, 125 Wn.2d 769, 776 , 888 P.2d 155 (1995) (legislative prerogative to define elements of crimes); Leach, 113 Wn.2d at 695 (information must be adequate to allow defendants to prepare a defense). ¶15 However, this does not end our inquiry.

24
State v. Leachgreen
wash · 1989 · cited in 2 Washington opinions naming this issue, 2005–2005
2 sentences

2005See State v. Calle, 125 Wn.2d 769, 776 , 888 P.2d 155 (1995) (legislative prerogative to define elements of crimes); Leach, 113 Wn.2d at 695 (information must be adequate to allow defendants to prepare a defense). ¶15 However, this does not end our inquiry.

2005See State v. Calle, 125 Wash.2d 769, 776 , 888 P.2d 155 (1995) (legislative prerogative to define elements of crimes); Leach, 113 Wash.2d at 695 , 782 P.2d 552 (information must be adequate to allow defendants to prepare a defense). ¶ 15 However, this does not end our inquiry.

12
State v. Mutchgreen
wash · 2011 · cited in 1 Washington opinions naming this issue, 2021–2021
1 sentence

2021Based on the evidence presented and the State’s arguments, “it was ‘manifestly apparent to the jury that the State [was] not seeking to impose multiple punishments for the same offense’ and that each count was based on a separate act.” Id. at 664 (emphasis omitted) (alteration in original) (quoting Berg, 147 Wn.

11
State v. Nelsongreen
wash · 1987 · cited in 1 Washington opinions naming this issue, 1994–1994
2 sentences

1994See Nelson, 108 Wn.2d at 496, 498-99 ; RCW 9.94A.390(l)(d) (It is a mitigating circumstance if the defendant, with no predisposition to do so, was induced by others to participate in the crime.).

1994See Nelson, 108 Wn.2d at 496, 498-99 ; RCW 9.94A.390(1)(d) (It is a mitigating circumstance if the defendant, with no predisposition to do so, was induced by others to participate in the crime.).

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 (6)

CaseCitedYears
Doggett v. United States green
scotus · 1992
2 sentences

2009Doggett, 505 U.S. at 651-52 . ¶40 While the United States Supreme Court has consistently emphasized an individualized, fact-specific inquiry into whether a delay is presumptively prejudicial, some confusion was created by the Court’s observation in a footnote in Doggett that “[depending on the nature of the charges, the lower courts have generally found postaccusation delay ‘presumptively prejudicial’ at least as it approaches one year.” Id. at 652 n.l.

2009Doggett, 505 U.S. at 651-52 . ¶40 While the United States Supreme Court has consistently emphasized an individualized, fact-specific inquiry into whether a delay is presumptively prejudicial, some confusion was created by the Court’s observation in a footnote in Doggett that “[depending on the nature of the charges, the lower courts have generally found postaccusation delay ‘presumptively prejudicial’ at least as it approaches one year.” Id. at 652 n.l.

22009–2009
Joshua Driggs v. Andrew T.G. Howlett, M.D., et ux green
washctapp · 2016
1 sentence

2022“When a trial court makes an erroneous evidentiary ruling, the question on appeal becomes whether the error was prejudicial.” Driggs v. Howlett, 193 Wn.

12022–2022
State v. Berg green
washctapp · 2008
1 sentence

2021Based on the evidence presented and the State’s arguments, “it was ‘manifestly apparent to the jury that the State [was] not seeking to impose multiple punishments for the same offense’ and that each count was based on a separate act.” Id. at 664 (emphasis omitted) (alteration in original) (quoting Berg, 147 Wn.

12021–2021
State v. Coristine green
wash · 2013
2 sentences

2019Harmless Error Where, as here, a trial error is of constitutional magnitude, “prejudice is presumed and the State bears the burden of proving it was harmless beyond a reasonable doubt.” State v. Coristine, 177 Wn.2d 370, 380 , 300 P.3d 400 (2013).

2019Harmless Error Where, as here, a trial error is of constitutional magnitude, “prejudice is presumed and the State bears the burden of proving it was harmless beyond a reasonable doubt.” State v. Coristine, 177 Wn.2d 370, 380 , 300 P.3d 400 (2013).

12019–2019
Gig Harbor Marina, Inc. v. City of Gig Harbor green
washctapp · 1999
1 sentence

2005App. 789, 799 , 973 P.2d 1081 (1999), and I find the reasoning of that opinion persuasive on this point. 15 f 72 But this does not end the inquiry.

12005–2005
State v. Curran green
wash · 1991
1 sentence

1995In Curran, 116 Wn.2d at 183 , the Supreme Court held that reckless driving is not a lesser included offense of vehicular homicide because vehicular homicide can be committed by other means than the recklessness means.

11995–1995

Where else courts name it

PA 65 (1975–2026) CA 47 (1977–2026) TX 38 (1977–2023) IL 32 (1980–2024) OH 29 (1986–2026) GA 25 (1989–2024) TN 20 (1991–2025) NY 20 (1980–2025) IN 17 (1988–2016) CT 14 (1985–2021) MI 13 (1977–2025) AZ 13 (1981–2019) MD 12 (1984–2016) WA 12 (1994–2022) MO 10 (1982–2023) AK 9 (1978–2023) OK 9 (1988–2022) IA 9 (1981–2023) MA 8 (1977–2024) WI 8 (1980–2025) CO 7 (2004–2024) VA 7 (1985–2022) UT 7 (1990–2025) NM 7 (2008–2023) MN 6 (2002–2016) FL 6 (1980–2025) DC 6 (1978–2017) LA 5 (1962–2017) NC 5 (1998–2024) KS 5 (1976–2021) KY 4 (1999–2024) SC 4 (1997–2022) HI 4 (1980–2017) SD 4 (1998–2025) ND 3 (2004–2013) NJ 3 (1981–2018) MT 3 (2003–2017) OR 3 (1975–2012) VT 3 (1997–2024) NV 2 (2018–2018) RI 2 (1989–2014) ID 2 (1989–2017) AR 2 (1988–2020) NH 2 (1978–2007) MS 2 (1999–2002) NE 2 (2004–2023)

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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