claimed instructional error in Washington

11 Washington opinions name it 1 courts 1985–2019 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.

Followed or applied (1)

Case	Followed	Cited
Crittenden v. Fibreboard Corp.green washctapp · 1991 · cited in 1 Washington opinions naming this issue, 1995–1995 1 sentence 1995See Crittenden v. Fibreboard Corp., 58 Wn.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (24)

Case	Cited	Years
State v. Bashaw red wash · 2010 2 sentences 2011Therefore, while we have carefully considered that aspect of the court's decision, we are ultimately not deterred by the fact that constitutional harmless error analysis was applied, although arguably not required, in Bashaw, 169 Wash.2d 133 , 234 P.3d 195 . ¶ 30 Because we are satisfied that the claimed instructional error was not manifest constitutional error, we will not review it for the first time on appeal. ¶ 31 Mr. Nunez's judgment and sentence is affirmed. ¶ 32 The remainder of this opinion has no precedential value. 2011Therefore, while we have carefully considered that aspect of the court’s decision, we are ultimately not deterred by the fact that constitutional harmless error analysis was applied, although arguably not required, in Bashaw, 169 Wn.2d 133 . ¶30 Because we are satisfied that the claimed instructional error was not manifest constitutional error, we will not review it for the first time on appeal. ¶31 Mr. Nunez’s judgment and sentence is affirmed. ¶32 The remainder of this opinion has no precedential value.	2	2011–2011
State v. Carothers green wash · 1974 1 sentence 2019McHenrv, 88 Wn.2d 211, 214 , 558 P.2d 188 (1977); State v. Carothers, 84 Wn.2d 256, 262 , 525 P.22d 731 (1974); State v. Johnson, 100 Wn.2d 607, 623 , 674 P.2d 145 (1983)).	1	2019–2019
State v. McHenry green wash · 1977 2 sentences 2019McHenrv, 88 Wn.2d 211, 214 , 558 P.2d 188 (1977); State v. Carothers, 84 Wn.2d 256, 262 , 525 P.22d 731 (1974); State v. Johnson, 100 Wn.2d 607, 623 , 674 P.2d 145 (1983)). 2019McHenrv, 88 Wn.2d 211, 214 , 558 P.2d 188 (1977); State v. Carothers, 84 Wn.2d 256, 262 , 525 P.22d 731 (1974); State v. Johnson, 100 Wn.2d 607, 623 , 674 P.2d 145 (1983)).	1	2019–2019
State v. Johnson green wash · 1983 2 sentences 2019McHenrv, 88 Wn.2d 211, 214 , 558 P.2d 188 (1977); State v. Carothers, 84 Wn.2d 256, 262 , 525 P.22d 731 (1974); State v. Johnson, 100 Wn.2d 607, 623 , 674 P.2d 145 (1983)). 2019McHenrv, 88 Wn.2d 211, 214 , 558 P.2d 188 (1977); State v. Carothers, 84 Wn.2d 256, 262 , 525 P.22d 731 (1974); State v. Johnson, 100 Wn.2d 607, 623 , 674 P.2d 145 (1983)).	1	2019–2019
State v. O'Hara green wash · 2009 1 sentence 2019Even assuming, without deciding, the claimed instructional error is a manifest constitutional error that Stewart can raise for the first time on appeal, we ~ RAP 2.5(a)(3). 6 State v. O’Hara, 167 Wn.2d 91, 100-01 , 217 P.3d 756 (2009) (citing State v. Peterson, 73 Wn.2d 303, 306 , 438 P.2d 183 (1968); State v. McCullum, 98 Wn.2d 484, 487-88 , 656 P.2d 1064 (1983); Statev.	1	2019–2019
State v. Peterson green wash · 1968 2 sentences 2019Even assuming, without deciding, the claimed instructional error is a manifest constitutional error that Stewart can raise for the first time on appeal, we ~ RAP 2.5(a)(3). 6 State v. O’Hara, 167 Wn.2d 91, 100-01 , 217 P.3d 756 (2009) (citing State v. Peterson, 73 Wn.2d 303, 306 , 438 P.2d 183 (1968); State v. McCullum, 98 Wn.2d 484, 487-88 , 656 P.2d 1064 (1983); Statev. 2019Even assuming, without deciding, the claimed instructional error is a manifest constitutional error that Stewart can raise for the first time on appeal, we ~ RAP 2.5(a)(3). 6 State v. O’Hara, 167 Wn.2d 91, 100-01 , 217 P.3d 756 (2009) (citing State v. Peterson, 73 Wn.2d 303, 306 , 438 P.2d 183 (1968); State v. McCullum, 98 Wn.2d 484, 487-88 , 656 P.2d 1064 (1983); Statev.	1	2019–2019
State v. McCullum green wash · 1983 2 sentences 2019Even assuming, without deciding, the claimed instructional error is a manifest constitutional error that Stewart can raise for the first time on appeal, we ~ RAP 2.5(a)(3). 6 State v. O’Hara, 167 Wn.2d 91, 100-01 , 217 P.3d 756 (2009) (citing State v. Peterson, 73 Wn.2d 303, 306 , 438 P.2d 183 (1968); State v. McCullum, 98 Wn.2d 484, 487-88 , 656 P.2d 1064 (1983); Statev. 2019Even assuming, without deciding, the claimed instructional error is a manifest constitutional error that Stewart can raise for the first time on appeal, we ~ RAP 2.5(a)(3). 6 State v. O’Hara, 167 Wn.2d 91, 100-01 , 217 P.3d 756 (2009) (citing State v. Peterson, 73 Wn.2d 303, 306 , 438 P.2d 183 (1968); State v. McCullum, 98 Wn.2d 484, 487-88 , 656 P.2d 1064 (1983); Statev.	1	2019–2019
State v. O'HARA green wash · 2009 1 sentence 2019Even assuming, without deciding, the claimed instructional error is a manifest constitutional error that Stewart can raise for the first time on appeal, we ~ RAP 2.5(a)(3). 6 State v. O’Hara, 167 Wn.2d 91, 100-01 , 217 P.3d 756 (2009) (citing State v. Peterson, 73 Wn.2d 303, 306 , 438 P.2d 183 (1968); State v. McCullum, 98 Wn.2d 484, 487-88 , 656 P.2d 1064 (1983); Statev.	1	2019–2019
Van Hout v. Celotex Corp. green wash · 1993 2 sentences 2018Van Hout v. Celotex Corp., 121 Wn.2d 697, 702-03 , 853 P.2d 908 (1993). 2018Van Hout v. Celotex Corp., 121 Wn.2d 697, 702-03 , 853 P.2d 908 (1993).	1	2018–2018
State v. Hickman green wash · 1998 1 sentence 2018State v. Hickman, 135 Wn.2d 97, 104-05 , 954 P.2d 900 (1998).	1	2018–2018
State v. Fisher green wash · 2009 1 sentence 2018The State has "wide latitude in making arguments to the jury." State v. Fisher, 165 Wn.2d 727, 747 , 202 P.3d 937 (2009)(quoting State v. Gregory, 158 Wn.2d 759, 860 , 147 P.3d 1201 (2006)).	1	2018–2018
State v. Gregory red wash · 2006 1 sentence 2018The State has "wide latitude in making arguments to the jury." State v. Fisher, 165 Wn.2d 727, 747 , 202 P.3d 937 (2009)(quoting State v. Gregory, 158 Wn.2d 759, 860 , 147 P.3d 1201 (2006)).	1	2018–2018
State v. Gregory red wash · 2006 1 sentence 2018The State has "wide latitude in making arguments to the jury." State v. Fisher, 165 Wn.2d 727, 747 , 202 P.3d 937 (2009)(quoting State v. Gregory, 158 Wn.2d 759, 860 , 147 P.3d 1201 (2006)).	1	2018–2018
State v. Hickman green wash · 1998 1 sentence 2018State v. Hickman, 135 Wn.2d 97, 104-05 , 954 P.2d 900 (1998).	1	2018–2018
State v. Fisher green wash · 2009 1 sentence 2018The State has "wide latitude in making arguments to the jury." State v. Fisher, 165 Wn.2d 727, 747 , 202 P.3d 937 (2009)(quoting State v. Gregory, 158 Wn.2d 759, 860 , 147 P.3d 1201 (2006)).	1	2018–2018
Johnson v. Howard green wash · 1954 2 sentences 2015Riblet v. Ideal Cement Co., 57 Wn.2d 619,624 , 358 P.2d 975 (1961); Johnson v. Howard, 45 Wn.2d 433,449 , 275 P.2d 736 (1954). 2015Riblet v. Ideal Cement Co., 57 Wn.2d 619,624 , 358 P.2d 975 (1961); Johnson v. Howard, 45 Wn.2d 433,449 , 275 P.2d 736 (1954).	1	2015–2015
Riblet v. Ideal Cement Co. green wash · 1961 2 sentences 2015Riblet v. Ideal Cement Co., 57 Wn.2d 619,624 , 358 P.2d 975 (1961); Johnson v. Howard, 45 Wn.2d 433,449 , 275 P.2d 736 (1954). 2015Riblet v. Ideal Cement Co., 57 Wn.2d 619,624 , 358 P.2d 975 (1961); Johnson v. Howard, 45 Wn.2d 433,449 , 275 P.2d 736 (1954).	1	2015–2015
In Re Petition of Fields green wash · 2009 1 sentence 2013State v. Schaler, 169 Wn.2d 274, 282 , 236 P.3d 858 (2010).	1	2013–2013
State v. Schaler green wash · 2010 1 sentence 2013State v. Schaler, 169 Wn.2d 274, 282 , 236 P.3d 858 (2010).	1	2013–2013
Wickswat v. Safeco Insurance green washctapp · 1995 1 sentence 2012App. 958, 967 , 904 P.2d 767 (1995) (an appellate court may review “a claimed instructional error when the party has properly excepted pursuant to CR 51(f)”). ¶29 Jury instructions are sufficient if they (1) allow each party to argue its theory of the case, (2) are not misleading, and (3) when read as a whole, properly inform the trier of fact of the applicable law.	1	2012–2012
Caruso v. LOCAL 690 INTERNL. BROTHERHOOD OF TEAMSTERS green wash · 1987 2 sentences 2012Caruso v. Local Union No. 690 of Int’l Bhd. of Teamsters, 107 Wn.2d 524, 529 , 730 P.2d 1299 (1987). 2012Caruso v. Local Union No. 690 of Int’l Bhd. of Teamsters, 107 Wn.2d 524, 529 , 730 P.2d 1299 (1987).	1	2012–2012
State v. Bashaw red wash · 2010 1 sentence 2011Therefore, while we have carefully considered that aspect of the court's decision, we are ultimately not deterred by the fact that constitutional harmless error analysis was applied, although arguably not required, in Bashaw, 169 Wash.2d 133 , 234 P.3d 195 . ¶ 30 Because we are satisfied that the claimed instructional error was not manifest constitutional error, we will not review it for the first time on appeal. ¶ 31 Mr. Nunez's judgment and sentence is affirmed. ¶ 32 The remainder of this opinion has no precedential value.	1	2011–2011
State v. Painter green washctapp · 1980 1 sentence 1985Thomas v. French, 99 Wn.2d 95, 101 , 659 P.2d 1097 (1983). 3 Further, the trial court's instructions, taken as a whole, correctly defined self-defense (State v. Painter, 27 Wn.	1	1985–1985
Thomas v. French green wash · 1983 2 sentences 1985Thomas v. French, 99 Wn.2d 95, 101 , 659 P.2d 1097 (1983). 3 Further, the trial court's instructions, taken as a whole, correctly defined self-defense (State v. Painter, 27 Wn. 1985Thomas v. French, 99 Wn.2d 95, 101 , 659 P.2d 1097 (1983). 3 Further, the trial court's instructions, taken as a whole, correctly defined self-defense (State v. Painter, 27 Wn.	1	1985–1985

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (5)

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 31 (1980–2026) KS 11 (1999–2024) WA 11 (1985–2019) CT 10 (1988–2020) IL 10 (1991–2019) OR 5 (2008–2024) MI 5 (1985–2018) KY 5 (2017–2025) NC 3 (1987–2007) MO 3 (2014–2024) WI 3 (1987–1988) IN 2 (2023–2024) CO 2 (2012–2024) WV 2 (2000–2004)

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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