second sentence instruction (Washington) · Go Syfert
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second sentence instruction in Washington

12 Washington opinions name it 2 courts 1932–2023 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Washington.

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 (11)

CaseCitedYears
State v. Clayton green
wash · 1949
2 sentences

2021Id.

2018Id.

22018–2021
State v. Gerdts green
washctapp · 2007
2 sentences

2007"Generally, when there is no objection on the record, we will not consider an alleged instructional error unless the appellant first demonstrates that the error is a `manifest error affecting a constitutional right.'" State v. Gerdts, 136 Wash.App. 720, 726 , 150 P.3d 627 (2007) (quoting RAP 2.5(a)(3)).

2007“Generally, when there is no objection on the record, we will not consider an alleged instructional error unless the appellant first demonstrates that the error is a ‘manifest error affecting a constitutional right.’ ” State v. Gerdts, 136 Wn.

22007–2007
State v. Ecklund green
washctapp · 1981
2 sentences

2002Ecklund, 30 Wash.App. at 318-19 , 633 P.2d 933 .

2002Ecklund, 30 Wn.

22002–2002
State v. Kirkman green
wash · 2007
1 sentence

2023Stated another way, if Nissen was not entitled to an instruction on voluntary intoxication then neither was the State. 8 A. LEGAL PRINCIPLES “A party may assign evidentiary error on appeal only on a specific ground made at trial.” Kirkman, 159 Wn.2d at 926 .

12023–2023
State v. Mriglot green
wash · 1977
1 sentence

2017That instruction is the focus here, not the State's proposed instruction. 78 Id. 26 No. 72951-9-1/27 Comment on the Evidence Gill next argues that the second sentence of the instruction commented on the evidence.

12017–2017
Burton v. Douglas County green
washctapp · 1975
2 sentences

1979App. 151, 155 , 539 P.2d 97 (1975), which quoted from Tope v. King County, 189 Wash. 463, 471-72 , 65 P.2d 1283 (1937).

1979However, if the City of Spokane undertook some action for a public purpose, then the City had the duty to perform such action in a reasonable manner so as not to proximately cause damage to the private property of individuals.” 7 Preferably, the beginning of the second sentence in instruction No. 6 (see footnote 5) should begin with ”If” rather than "When.” This language apparently was taken from Burton v. Douglas County, 14 Wn.

11979–1979
Tope v. King County green
wash · 1937
2 sentences

1979App. 151, 155 , 539 P.2d 97 (1975), which quoted from Tope v. King County, 189 Wash. 463, 471-72 , 65 P.2d 1283 (1937).

1979App. 151, 155 , 539 P.2d 97 (1975), which quoted from Tope v. King County, 189 Wash. 463, 471-72 , 65 P.2d 1283 (1937).

11979–1979
State v. Durning neutral
wash · 1967
2 sentences

1976State v. Durning, 71 Wn.2d 675 , 430 P.2d 546 (1967); State v. Redden, 71 Wn.2d 147 , 426 P.2d 854 (1967).

1976State v. Durning, 71 Wn.2d 675 , 430 P.2d 546 (1967); State v. Redden, 71 Wn.2d 147 , 426 P.2d 854 (1967).

11976–1976
State v. Redden green
wash · 1967
2 sentences

1976State v. Durning, 71 Wn.2d 675 , 430 P.2d 546 (1967); State v. Redden, 71 Wn.2d 147 , 426 P.2d 854 (1967).

1976State v. Durning, 71 Wn.2d 675 , 430 P.2d 546 (1967); State v. Redden, 71 Wn.2d 147 , 426 P.2d 854 (1967).

11976–1976
In Re Baker's Estate green
wash · 1956
2 sentences

1965Had the legislature intended the second sentence of rule 14 to apply to inside wiring only, we presume that the rule would so state.” In In re Baker’s Estate, 49 Wn. (2d) 609, 610, 304 P. (2d) 1051 (1956), it was said: “The wording of the statute is plain and unambiguous.

1965Had the legislature intended the second sentence of rule 14 to apply to inside wiring only, we presume that the rule would so state." In In re Baker's Estate, 49 Wn. (2d) 609, 610, 304 P. (2d) 1051 (1956), it was said: "The wording of the statute is plain and unambiguous.

11965–1965
Bauer v. Tougaw green
wash · 1924
2 sentences

1932We find, however, that it follows the logic of the decision in Bauer v. Tougaw, 128 Wash. 654 , 224 Pac. 20 , where, among other things, we said: “It is equally as well established that a passenger in an automobile may be guilty of such negligence as would cause or contribute to the collision and which *196 would render him guilty of contributory negligence and preclude his recovery. . . .

1932We find, however, that it follows the logic of the decision in Bauer v. Tougaw, 128 Wash. 654 , 224 Pac. 20 , where, among other things, we said: “It is equally as well established that a passenger in an automobile may be guilty of such negligence as would cause or contribute to the collision and which *196 would render him guilty of contributory negligence and preclude his recovery. . . .

11932–1932

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (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

CA 12 (1963–2025) WA 12 (1932–2023) OR 11 (1976–2024) MA 11 (1987–2024) TX 10 (1979–2019) NM 8 (1961–2024) IN 8 (1995–2014) MI 8 (1978–2002) IL 7 (1886–2023) MO 5 (1952–2024) ND 5 (1992–2015) NE 4 (1998–2018) IA 4 (1967–2025) WI 4 (1921–1993) FL 4 (1985–2013) HI 4 (1980–2016) AZ 3 (1962–1984) GA 3 (1980–2008) VA 3 (1973–2025) CO 3 (1988–2014) WY 2 (1984–1988) MT 2 (1935–1981) KS 2 (1980–2008) MN 2 (1994–2008) NJ 2 (1979–1993) PA 2 (1953–2015)

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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