12 Washington opinions name it 2 courts 1989–2019 0 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.
| Case | Followed | Cited |
|---|---|---|
McKee Electric Co. v. Carson Oil Co.green2 sentences2010In Charles, the court stated that the expert requirement was not met when two experienced social workers without "specialized knowledge of social or cultural aspects of Indian life" testified for the State in support of foster care placement. 688 P.2d at 1360. 2010In Charles, the court stated that the expert requirement was not met when two experienced social workers without “specialized knowledge of social or cultural aspects of Indian life” testified for the State in support of foster care placement. 688 P.2d at 1360. | 3 | 3 |
Stedman v. Coopergreen2 sentences2013See Stedman v. Cooper, 172 Wn. 2013See Stedman v. Cooper, 172 Wn. | 2 | 2 |
In re the Detention of Marshallgreen2 sentences2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa 2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa | 1 | 1 |
In re the Detention of Coegreen2 sentences2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa 2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa | 1 | 1 |
The State of Washington, Respondent, v. Jimi James Hamilton, Appellantgreen2 sentences2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa 2019App. 461, 478, 481 , 383 P.3d 1062 (2016)("Mile party seeking to impeach an expert witness pursuant to ER 703 and ER 705 has the burden of demonstrating that the expert, in formulating his or her opinion, relied on the facts or data proffered by the impeaching party."). 5 No. 77287-2-1/6 records and the information in them.13 The expert testified he had reviewed the records but had not relied on them because his ultimate opinion was not based on them.14 As a result, this court held the information from the medical records was inadmissible under ER 703.15 Similarly, here, the State never establ | 1 | 1 |
Cowiche Canyon Conservancy v. Bosleygreen1 sentence2018App. 1034 (1987), as its own). l-lere, Welch received an expert report on Aprii 25, 2014, indicating that the intersection where the accident occurred provided a line of sight that was below safety standards We|ch argues that his cause of action against the City did not accrue until he received this expert analysis Under this theory, the statute of limitations in a negligence action could always be tolied until the plaintiff meets with an expert that advises a cause of action is available On appeal, Weich cites no authority supporting such an extension of the statute of limitations in personal | 1 | 1 |
United States v. Flinngreen1 sentence2010As one court said, the defense should not be "able to manipulate" the requirement that discovery take place in a federal facility in accord with 18 U.S.C. "§ 3509(m) by merely positing conceptual difficulties to be encountered at government facilities, or mere preferences to use their own." United States v. Flinn, 521 F.Supp.2d 1097, 1102 (E.D.Cal.2007). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. DeVries
green
1 sentence2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa | 1 | 2019–2019 |
State v. DeVries
green
1 sentence2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa | 1 | 2019–2019 |
Detention of Marshall v. State
green
1 sentence2019The party seeking to introduce the expert testimony must show it complies with ER 703.12 In State v. Hamilton, the State sought to impeach an expert defense witness on cross-examination by asking questions about the defendant's medical 7 ER 802. 8 Coe, 175 Wn.2d at 505 . 9 Matter of Det. of Marshall, 156 Wn.2d 150 , 161, 162, 125 P.3d 111 (2005); ER 703. 1° Coe, 175 Wn.2d at 516 (Chambers, J. concurring); see Marshall, 156 Wn.2d at 162-63 ("However, it does not follow that such a witness may simply report such matters to the trier of fact: The Rule was not designed to enable a witness to summa | 1 | 2019–2019 |
State v. Hundley
green
1 sentence2018App. 746 , 866 P.2d 56 (1994), aff’d, 126 Wn.2d 418 . | 1 | 2018–2018 |
1000 Virginia Ltd. Partnership v. Vertecs Corp.
green
1 sentence2018Partnership v. Vertecs Corp.. 158 Wn.2d 5661 146 P.3d 423 (2006) for support ot his discovery rule argument But that case involved latent defects in a construction project that were not discovered within the statute of limitations for a breach of contract action. | 1 | 2018–2018 |
State v. Hundley
green
2 sentences2018Again, Stephens relies on State v. Hundley to support his argument that trial counsel was ineffective for not hiring an expert to test the substance. 72 Wn. 2018App. 746 , 866 P.2d 56 (1994), aff’d, 126 Wn.2d 418 . | 1 | 2018–2018 |
Melendez-Diaz v. Massachusetts
green
1 sentence2014Id. at 1497-98. ¶69 In looking to the ultimate expert analysis, and not the lab work that leads into that analysis, we follow the Court in distinguishing between a person who attests to some fact and a person who aids an expert witness in reaching an attestation of fact: Melendez-Diaz stressed that live testimony is not required if it merely helps to establish “the chain of custody, authenticity of the sample, or accuracy of the testing device.” 557 U.S. at 311 n.l. | 1 | 2014–2014 |
Stephane Moreau v. Air France Joseph P. Bouloux Howard Weisser v. United States of America, Intervenor-Appellee
green
1 sentence2013I know the plaintiffs are asserting that the janitorial work is integral at Fred Meyer, but. . . [i]t's not an integral part of their business. 59 ii ("P~]ne Bonnette considerations are overly restrictive in the FMLA joint employer context, as an 'indirect' or 'secondary' employer will almost never satisfy these criteria, which are more the responsibilities of the 'primary' employer."). 60 id, at 953. 61 Id. 16 No. 68528-7-1/17 So that is why I think I focused more on the Bonnette factors, and particularly the factors that we are all discussing today, which is the issue of control over the emp | 1 | 2013–2013 |
Bell v. Hart
green
2 sentences1989Despite these credentials, the court in Bell held the trial court properly excluded his testimony on the ground that a pharmacist is not competent to testify as an expert on the standard of care of a physician in prescribing a drug. 516 So.2d at 566 . 1989Despite these credentials, the court in Bell held the trial court properly excluded his testimony on the ground that a pharmacist is not competent to testify as an expert on the standard of care of a physician in prescribing a drug. 516 So. 2d at 566 . | 1 | 1989–1989 |
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.
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.