presence of aggravating factors (Washington) · Go Syfert
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presence of aggravating factors in Washington

12 Washington opinions name it 2 courts 1993–2024 1 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 (3)

CaseFollowedCited
In Re the Disciplinary Proceeding Against Strohgreen
wash · 1982 · cited in 2 Washington opinions naming this issue, 2005–2005
2 sentences

2005See In re Disciplinary Proceeding Against Stroh, 97 Wn.2d 289 , 644 P.2d 1161 (1982).

2005See In re Disciplinary Proceeding Against Stroh, 97 Wn.2d 289 , 644 P.2d 1161 (1982).

22
State v. Smithgreen
washctapp · 1996 · cited in 2 Washington opinions naming this issue, 1999–2001
2 sentences

2001See, e.g., State v. Smith, 82 Wn.

1999See State v. Smith, 82 Wn.

22
State v. Allertgreen
wash · 1991 · cited in 1 Washington opinions naming this issue, 1993–1993
2 sentences

1993State v. Grewe, 117 Wn.2d 211, 214 , 813 P.2d 1238 (1991); see also State v. Allert, 117 Wn.2d 156, 163 , 815 P.2d 752 (1991); State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). [2] The trial court's findings regarding the presence of aggravating factors, being a factual determination, must be upheld unless clearly erroneous.

1993State v. Grewe, 117 Wn.2d 211, 214 , 813 P.2d 1238 (1991); see also State v. Allert, 117 Wn.2d 156, 163 , 815 P.2d 752 (1991); State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). [2] The trial court's findings regarding the presence of aggravating factors, being a factual determination, must be upheld unless clearly erroneous.

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 (10)

CaseCitedYears
In re the Disciplinary Proceeding Against Conteh green
wash · 2012
2 sentences

2018To determine whether a case is appropriately similar, we focus on "the misconduct found, the presence of aggravating factors, the existence of prior discipline, and the lawyer's culpability." Conteh, 175 Wash.2d at 152 -53 , 284 P.3d 724 . ¶ 54 The attorney facing discipline bears the burden of bringing to the court's attention cases that demonstrate the disproportionality of the sanction imposed.

2018To determine whether a case is appropriately similar, we focus on "the misconduct found, the presence of aggravating factors, the existence of prior discipline, and the lawyer's culpability." Conteh, 175 Wash.2d at 152 -53 , 284 P.3d 724 . ¶ 54 The attorney facing discipline bears the burden of bringing to the court's attention cases that demonstrate the disproportionality of the sanction imposed.

32018–2024
In re the Disciplinary Proceeding Against Kagele green
wash · 2003
2 sentences

2018In re Disciplinary Proceeding Against Kagele, 149 Wash.2d 793 , 821, 72 P.3d 1067 (2003).

2018The attorney facing discipline bears the burden of bringing to the court's attention cases that demonstrate the disproportionality of the sanction imposed, in re Disciplinary Proceeding Against Kageie, 149 Wn.2d 793, 821 , 72 P.3d 1067 (2003).

22018–2018
In Re Disciplinary Proceeding Against Kagele green
wash · 2003
2 sentences

2018In re Disciplinary Proceeding Against Kagele, 149 Wash.2d 793 , 821, 72 P.3d 1067 (2003).

2018The attorney facing discipline bears the burden of bringing to the court's attention cases that demonstrate the disproportionality of the sanction imposed, in re Disciplinary Proceeding Against Kageie, 149 Wn.2d 793, 821 , 72 P.3d 1067 (2003).

22018–2018
State v. Frampton green
wash · 1981
2 sentences

2009Unlike RCW 9.94A.535, RCW 10.95.020 does not provide that the sentencing judge is to determine the presence of aggravating factors. [8] Petitioner points to earlier problems in the history of the death penalty statute to support his argument that "the State may not constitutionally seek life imprisonment without possibility of release or parole for those who are found guilty of aggravated first degree murder." State v. Frampton, 95 Wash.2d 469, 484 , 627 P.2d 922 (1981).

2009Unlike RCW 9.94A.535, RCW 10.95.020 does not provide that the sentencing judge is to determine the presence of aggravating factors. [8] Petitioner points to earlier problems in the history of the death penalty statute to support his argument that "the State may not constitutionally seek life imprisonment without possibility of release or parole for those who are found guilty of aggravated first degree murder." State v. Frampton, 95 Wash.2d 469, 484 , 627 P.2d 922 (1981).

22009–2009
State v. Grewe green
wash · 1991
2 sentences

1993State v. Grewe, 117 Wn.2d 211, 214 , 813 P.2d 1238 (1991); see also State v. Allert, 117 Wn.2d 156, 163 , 815 P.2d 752 (1991); State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). [2] The trial court's findings regarding the presence of aggravating factors, being a factual determination, must be upheld unless clearly erroneous.

1993State v. Grewe, 117 Wn.2d 211, 214 , 813 P.2d 1238 (1991); see also State v. Allert, 117 Wn.2d 156, 163 , 815 P.2d 752 (1991); State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). [2] The trial court's findings regarding the presence of aggravating factors, being a factual determination, must be upheld unless clearly erroneous.

21993–1993
In re the Disciplinary Proceeding Against Van Camp green
wash · 2011
1 sentence

2012Van Camp, 171 Wn.2d at 816 . ¶55 Conteh points to Ferguson, 170 Wn.2d 916 , as supporting a lenient sanction in his case.

12012–2012
In re the Disciplinary Proceeding Against Ferguson green
wash · 2011
1 sentence

2012Van Camp, 171 Wn.2d at 816 . ¶55 Conteh points to Ferguson, 170 Wn.2d 916 , as supporting a lenient sanction in his case.

12012–2012
State v. Dunaway green
wash · 1988
2 sentences

1993State v. Grewe, 117 Wn.2d 211, 214 , 813 P.2d 1238 (1991); see also State v. Allert, 117 Wn.2d 156, 163 , 815 P.2d 752 (1991); State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). [2] The trial court's findings regarding the presence of aggravating factors, being a factual determination, must be upheld unless clearly erroneous.

1993State v. Grewe, 117 Wn.2d 211, 214 , 813 P.2d 1238 (1991); see also State v. Allert, 117 Wn.2d 156, 163 , 815 P.2d 752 (1991); State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). [2] The trial court's findings regarding the presence of aggravating factors, being a factual determination, must be upheld unless clearly erroneous.

11993–1993
Allingham v. City of Seattle green
wash · 1988
1 sentence

1993State v. Grewe, 117 Wn.2d 211, 214 , 813 P.2d 1238 (1991); see also State v. Allert, 117 Wn.2d 156, 163 , 815 P.2d 752 (1991); State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). [2] The trial court's findings regarding the presence of aggravating factors, being a factual determination, must be upheld unless clearly erroneous.

11993–1993
State v. Nordby green
wash · 1986
2 sentences

1993Grewe , at 218 (citing State v. Nordby, 106 Wn.2d 514, 517-18 , 723 P.2d 1117 (1986)).

1993Grewe , at 218 (citing State v. Nordby, 106 Wn.2d 514, 517-18 , 723 P.2d 1117 (1986)).

11993–1993

Statutes the citing opinions construe

WA § Wash. Rev. Code § 10.95.020 (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

CA 20 (1991–2026) WA 12 (1993–2024) AK 7 (1993–2022) NY 7 (2016–2024) MS 4 (1992–2018) NC 3 (1998–2006) IL 3 (1980–2022) AZ 3 (1986–2005) NJ 2 (1992–2012) MO 2 (2003–2011) OH 2 (2010–2016) MN 2 (2007–2014) MI 2 (1991–2000) MD 2 (2015–2017) TN 2 (1998–2005)

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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