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12 Washington opinions name it 2 courts 1993–2026 4 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 |
|---|---|---|
In re the Personal Restraint of Brettgreen2 sentences2014In that case, the court found a defense attorney’s performance fell below the standard of reasonableness based on several deficiencies, including failure to investigate a mental health defense: [W]hen counsel knew or had reason to know of a mental defect or illness affecting their client in a possible death penalty case, counsel could and should have: (1) promptly sought the appointment of cocounsel; (2) presented a mitigation package to the prosecutor before a death penalty notice was filed; (3) promptly investigated relevant mental health issues; (4) sought a timely appointment of investigat 2014In that case, the court found a defense attorney' s performance fell below the standard of reasonableness based on several deficiencies, including failure to investigate a mental health defense: W] hen counsel knew or had reason to know of a mental defect or illness affecting their client in a possible death penalty case, counsel could and should have: ( 1) promptly sought the appointment of cocounsel; ( 2) presented a mitigation package to the prosecutor before a death penalty notice was filed; ( 3) promptly investigated relevant mental health issues; ( 4) sought a timely appointment of inves | 1 | 2 |
State v. Tiltongreen1 sentence2026See Tilton, 149 Wn.2d at 784-85 ; Fedoruk, 184 Wn. | 1 | 1 |
State v. Navagreen1 sentence2021See State v. Nava, 177 Wn. | 1 | 1 |
In re the Personal Restraint of Benngreen1 sentence2019Restraint of Benn, 134 Wn.2d 868, 894 , 952 P.2d 116 (1998) (“No ineffective assistance claim can be made if the defendant preempts counsel’s trial strategy.”). 4 If LaFontaine has or obtains access to information outside the record that would support this claim, the proper way to present this evidence is through a personal restraint petition. | 1 | 1 |
Matter of Personal Restraint of Benngreen1 sentence2019Restraint of Benn, 134 Wn.2d 868, 894 , 952 P.2d 116 (1998) (“No ineffective assistance claim can be made if the defendant preempts counsel’s trial strategy.”). 4 If LaFontaine has or obtains access to information outside the record that would support this claim, the proper way to present this evidence is through a personal restraint petition. | 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. Fedoruk
green
2 sentences2023McCormack analogizes his case to State v. Fedoruk, where we held that defense counsel’s failure to obtain a mental health expert or investigate the possibility of a mental health defense constituted deficient performance and likely prejudiced the defendant. 184 Wn. 2020App. 866 , 339 P.3d 233 (2014), Terwilleger argues that defense counsel’s performance was deficient because defense counsel was aware of Terwilleger’s mental health issues yet failed to adequately investigate and did not present a mental health defense. | 6 | 2016–2026 |
In re the Personal Restraint of Davis
green
2 sentences2014In light of the State’s strong circumstantial evidence against Fedoruk, the failure to obtain an independent expert evaluation appears even less reasonable. ¶36 The State relies on In re Personal Restraint of Davis, 152 Wn.2d 647, 721-32 , 101 P.3d 1 (2004), in which our Supreme Court rejected a petitioner’s claim that counsel’s failure to present a mental health defense during the guilt phase of a capital murder trial deprived him of effective assistance. 2014The State relies on In re Personal Restraint ofDavis, 152 Wn.2d 647 , 721 -32, 101 P. 3d 1 2004 ), in which our Supreme Court rejected a petitioner' s claim that counsel' s failure to present a mental health defense during the guilt phase of a capital murder trial deprived him of effective assistance. | 2 | 2014–2014 |
In Re Davis
green
2 sentences2014In light of the State’s strong circumstantial evidence against Fedoruk, the failure to obtain an independent expert evaluation appears even less reasonable. ¶36 The State relies on In re Personal Restraint of Davis, 152 Wn.2d 647, 721-32 , 101 P.3d 1 (2004), in which our Supreme Court rejected a petitioner’s claim that counsel’s failure to present a mental health defense during the guilt phase of a capital murder trial deprived him of effective assistance. 2014The State relies on In re Personal Restraint ofDavis, 152 Wn.2d 647 , 721 -32, 101 P. 3d 1 2004 ), in which our Supreme Court rejected a petitioner' s claim that counsel' s failure to present a mental health defense during the guilt phase of a capital murder trial deprived him of effective assistance. | 2 | 2014–2014 |
Faretta v. California
green
2 sentences2020But after Greystoke was evaluated by Dr. Mark McClung, a forensic psychiatrist, for a possible diminished capacity or insanity defense, the State informed the trial court that it received an e-mail from Gasnick stating that he would not pursue an insanity or diminished capacity defense. 1 Faretta v. California, 422 U.S. 806 , 95 S. Ct. 2525 , 45 L. 2020But after Greystoke was evaluated by Dr. Mark McClung, a forensic psychiatrist, for a possible diminished capacity or insanity defense, the State informed the trial court that it received an e-mail from Gasnick stating that he would not pursue an insanity or diminished capacity defense. 1 Faretta v. California, 422 U.S. 806 , 95 S. Ct. 2525 , 45 L. | 1 | 2020–2020 |
In Re Elmore
green
1 sentence2014Davis is of little instruction here, however, because in that case defense counsel retained five mental health experts prior to trial. 152 Wn.2d at 723 . ¶37 Similarly, the State cites In re Personal Restraint of Elmore, 162 Wn.2d 236, 258-59 , 172 P.3d 335 (2007), which held defense counsel’s decision not to present mitigating mental health evidence at sentencing reasonable. | 1 | 2014–2014 |
In re the Personal Restraint of Elmore
green
1 sentence2014Davis is of little instruction here, however, because in that case defense counsel retained five mental health experts prior to trial. 152 Wn.2d at 723 . ¶37 Similarly, the State cites In re Personal Restraint of Elmore, 162 Wn.2d 236, 258-59 , 172 P.3d 335 (2007), which held defense counsel’s decision not to present mitigating mental health evidence at sentencing reasonable. | 1 | 2014–2014 |
Frye v. United States
red
2 sentences1993The State moved to suppress the mental health defense on the basis it did not meet the standard of Frye v. United States, 293 F. 1013 , 34 A.L.R. 145 (D.C. 1993The State moved to suppress the mental health defense on the basis it did not meet the standard of Frye v. United States, 293 F. 1013 , 34 A.L.R. 145 (D.C. | 1 | 1993–1993 |
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.