deadly weapon instruction in Washington

11 Washington opinions name it 2 courts 1984–2019 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 (7)

Case	Followed	Cited
State v. Williams-Walkergreen wash · 2010 · cited in 1 Washington opinions naming this issue, 2016–2016 1 sentence 2016See State v. Williams-Walker, 167 Wn.2d 889, 901-02 , 225 P.3d 913 (2010) (trial court’s imposition of firearm sentencing enhancement when jury returned a special verdict finding that the defendant had been armed with only a deadly weapon was error). 12 RCW 9.41.270(3) establishes the place-of-abode exception.	1	1
State v. Williams-Walkergreen wash · 2010 · cited in 1 Washington opinions naming this issue, 2016–2016 1 sentence 2016See State v. Williams-Walker, 167 Wn.2d 889, 901-02 , 225 P.3d 913 (2010) (trial court’s imposition of firearm sentencing enhancement when jury returned a special verdict finding that the defendant had been armed with only a deadly weapon was error). 12 RCW 9.41.270(3) establishes the place-of-abode exception.	1	1
Butler v. Johnsongreen scotus · 1999 · cited in 1 Washington opinions naming this issue, 2000–2000 1 sentence 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 .	1	1
Davis v. Bethlehem Steel Corp.green scotus · 1999 · cited in 1 Washington opinions naming this issue, 2000–2000 1 sentence 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 .	1	1
Faltas v. State Newspapergreen scotus · 1999 · cited in 1 Washington opinions naming this issue, 2000–2000 1 sentence 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 .	1	1
State v. Hutchinsongreen wash · 1998 · cited in 1 Washington opinions naming this issue, 2000–2000 1 sentence 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 .	1	1
State v. Hutchinsongreen wash · 1998 · cited in 1 Washington opinions naming this issue, 2000–2000 1 sentence 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 .	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 (10)

Case	Cited	Years
State v. Winings green washctapp · 2005 2 sentences 2013Winings, 126 Wn. 2013Winings, 126 Wn.	3	2012–2013
State v. Leach green wash · 1989 2 sentences 2005Leach, 113 Wn.2d at 687 . ¶12 In this case, Winings was charged with second degree assault while armed with a deadly weapon in violation of RCW 9A.36.021, which provides in relevant part: (1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: (c) Assaults another with a deadly weapon. 2005Leach, 113 Wash.2d at 687 , 782 P.2d 552 . ¶ 12 In this case, Winings was charged with second degree assault while armed with a deadly weapon in violation of RCW 9A.36.021, which provides in relevant part: (1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: .... (c) Assaults another with a deadly weapon.	2	2005–2005
State v. Skenandore green washctapp · 2000 2 sentences 2000State v. Skenandore, 99 Wn. 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 .	2	2000–2000
State v. Laramie neutral washctapp · 2007 1 sentence 2019App. 332, 341 , 169 P.3d 859 (2007), the defendant was charged with assault with a deadly weapon in violation of RCW 9A.36.021(1)(a).	1	2019–2019
State v. Akers neutral wash · 1998 1 sentence 2006Id.	1	2006–2006
State v. Benn green wash · 1993 2 sentences 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 . 2000State v. Skenandore, 99 Wash.App. 494, 499 , 994 P.2d 291 (2000); see also State v. Hutchinson, 135 Wash.2d 863, 885 , 959 P.2d 1061 (1998) (an instruction must state the applicable law correctly and must be supported by the evidence), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999); Benn, 120 Wash.2d at 654 , 845 P.2d 289 .	1	2000–2000
State v. Davis neutral washctapp · 1983 1 sentence 1984App. 506 , 667 P.2d 1117 (1983); State v. Claborn, 95 Wn.2d 629 , 628 P.2d 467 (1981); State v. Hall, 95 Wn.2d 536 , 627 P.2d 101 (1981); and In re Taylor, 95 Wn.2d 940 , 632 P.2d 56 (1981) as support for its contention that the facts of this case so strongly support a finding that Belmarez himself stabbed Fitzer that the deadly weapon instruction was harmless error.	1	1984–1984
In Re the Personal Restraint of Taylor green wash · 1981 2 sentences 1984App. 506 , 667 P.2d 1117 (1983); State v. Claborn, 95 Wn.2d 629 , 628 P.2d 467 (1981); State v. Hall, 95 Wn.2d 536 , 627 P.2d 101 (1981); and In re Taylor, 95 Wn.2d 940 , 632 P.2d 56 (1981) as support for its contention that the facts of this case so strongly support a finding that Belmarez himself stabbed Fitzer that the deadly weapon instruction was harmless error. 1984App. 506 , 667 P.2d 1117 (1983); State v. Claborn, 95 Wn.2d 629 , 628 P.2d 467 (1981); State v. Hall, 95 Wn.2d 536 , 627 P.2d 101 (1981); and In re Taylor, 95 Wn.2d 940 , 632 P.2d 56 (1981) as support for its contention that the facts of this case so strongly support a finding that Belmarez himself stabbed Fitzer that the deadly weapon instruction was harmless error.	1	1984–1984
State v. Claborn green wash · 1981 2 sentences 1984App. 506 , 667 P.2d 1117 (1983); State v. Claborn, 95 Wn.2d 629 , 628 P.2d 467 (1981); State v. Hall, 95 Wn.2d 536 , 627 P.2d 101 (1981); and In re Taylor, 95 Wn.2d 940 , 632 P.2d 56 (1981) as support for its contention that the facts of this case so strongly support a finding that Belmarez himself stabbed Fitzer that the deadly weapon instruction was harmless error. 1984App. 506 , 667 P.2d 1117 (1983); State v. Claborn, 95 Wn.2d 629 , 628 P.2d 467 (1981); State v. Hall, 95 Wn.2d 536 , 627 P.2d 101 (1981); and In re Taylor, 95 Wn.2d 940 , 632 P.2d 56 (1981) as support for its contention that the facts of this case so strongly support a finding that Belmarez himself stabbed Fitzer that the deadly weapon instruction was harmless error.	1	1984–1984
State v. Hall green wash · 1981 2 sentences 1984App. 506 , 667 P.2d 1117 (1983); State v. Claborn, 95 Wn.2d 629 , 628 P.2d 467 (1981); State v. Hall, 95 Wn.2d 536 , 627 P.2d 101 (1981); and In re Taylor, 95 Wn.2d 940 , 632 P.2d 56 (1981) as support for its contention that the facts of this case so strongly support a finding that Belmarez himself stabbed Fitzer that the deadly weapon instruction was harmless error. 1984App. 506 , 667 P.2d 1117 (1983); State v. Claborn, 95 Wn.2d 629 , 628 P.2d 467 (1981); State v. Hall, 95 Wn.2d 536 , 627 P.2d 101 (1981); and In re Taylor, 95 Wn.2d 940 , 632 P.2d 56 (1981) as support for its contention that the facts of this case so strongly support a finding that Belmarez himself stabbed Fitzer that the deadly weapon instruction was harmless error.	1	1984–1984

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.36.021 (5) WA § Wash. Rev. Code § 2.06.040 (4) WA § Wash. Rev. Code § 9A.04.110 (4) WA § Wash. Rev. Code § 9A.52.025 (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 54 (1963–2026) TX 48 (1985–2026) WA 11 (1984–2019) PA 8 (1987–2026) GA 7 (1978–2019) FL 6 (1902–2009) CO 6 (1977–2025) OH 5 (2000–2024) NC 5 (1931–2020) WY 4 (1977–2015) MS 4 (1896–2019) NM 4 (1997–2021) KS 4 (1997–2015) MD 3 (1952–1986) CT 3 (1988–2022) MO 3 (1975–2016) NV 3 (2016–2017) VA 3 (2000–2015) IL 2 (1984–1993) IA 2 (1896–1925) OK 2 (1926–2016) KY 2 (1960–2010)

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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