free error (Washington) · Go Syfert
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free error in Washington

11 Washington opinions name it 2 courts 1924–2026 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.

Followed or applied (4)

CaseFollowedCited
State v. Dhaliwalgreen
wash · 2003 · cited in 1 Washington opinions naming this issue, 2024–2024
1 sentence

2024“The burden rests on the defendant to show the prosecuting attorney’s conduct was both improper and prejudicial.” Id. at 747; see also Br. of Appellant at 31 (citing State v. Dhaliwal, 150 Wn.2d 559, 578 , 79 P.3d 432 (2003)).

11
State v. Dhaliwalgreen
wash · 2003 · cited in 1 Washington opinions naming this issue, 2024–2024
1 sentence

2024“The burden rests on the defendant to show the prosecuting attorney’s conduct was both improper and prejudicial.” Id. at 747; see also Br. of Appellant at 31 (citing State v. Dhaliwal, 150 Wn.2d 559, 578 , 79 P.3d 432 (2003)).

11
Memel v. Reimergreen
wash · 1975 · cited in 1 Washington opinions naming this issue, 1979–1979
2 sentences

1979Memel v. Reimer, 85 Wn.2d 685, 687, 538 P.2d 517 (1975), citing Moore v. Mayfair Tavern, Inc., 75 Wn.2d 401, 406-07 , 451 P.2d 669 (1969), states: [T]he purpose of the rule requiring a party to except [to instructions] . . . is to put upon counsel the duty to use his best efforts to keep a trial free from error, and to this end to give the court an adequate statement of his position upon all matters upon which he asks the court to make a ruling.

1979Memel v. Reimer, 85 Wn.2d 685, 687, 538 P.2d 517 (1975), citing Moore v. Mayfair Tavern, Inc., 75 Wn.2d 401, 406-07 , 451 P.2d 669 (1969), states: [T]he purpose of the rule requiring a party to except [to instructions] . . . is to put upon counsel the duty to use his best efforts to keep a trial free from error, and to this end to give the court an adequate statement of his position upon all matters upon which he asks the court to make a ruling.

11
Fehler v. City of Montesanogreen
wash · 1920 · cited in 1 Washington opinions naming this issue, 1924–1924
2 sentences

1924See Fehler v. Montesano, 110 Wash. 143 , 188 Pac. 5 , where our cases on this subject were collected.

1924See Fehler v. Montesano, 110 Wash. 143 , 188 Pac. 5 , where our cases on this subject were collected.

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 (8)

CaseCitedYears
State v. Fisher green
wash · 2009
2 sentences

2026“The Sixth Amendment to the United States Constitution guarantees a defendant a fair trial but not a trial free from error.” State v. Fisher, 165 Wn.2d 727, 746-47 , 202 P.3d 937 (2009).

2026“The Sixth Amendment to the United States Constitution guarantees a defendant a fair trial but not a trial free from error.” State v. Fisher, 165 Wn.2d 727, 746-47 , 202 P.3d 937 (2009).

52017–2026
State v. Fisher green
wash · 2009
2 sentences

2026“The Sixth Amendment to the United States Constitution guarantees a defendant a fair trial but not a trial free from error.” State v. Fisher, 165 Wn.2d 727, 746-47 , 202 P.3d 937 (2009).

2026“The Sixth Amendment to the United States Constitution guarantees a defendant a fair trial but not a trial free from error.” State v. Fisher, 165 Wn.2d 727, 746-47 , 202 P.3d 937 (2009).

52017–2026
State v. Reed green
wash · 1984
2 sentences

2020State v. Reed, 102 Wn.2d 140, 145 , 684 P.2d 699 (1984).

2020State v. Reed, 102 Wn.2d 140, 145 , 684 P.2d 699 (1984).

32009–2020
State v. Davenport green
wash · 1984
2 sentences

2026“Prosecutorial misconduct may deprive the defendant of [their right to] a fair trial.” State v. Davenport, 100 Wn.2d 757, 762 , 675 P.2d 1213 (1984).

2026“Prosecutorial misconduct may deprive the defendant of [their right to] a fair trial.” State v. Davenport, 100 Wn.2d 757, 762 , 675 P.2d 1213 (1984).

12026–2026
State v. Hecht green
washctapp · 2014
1 sentence

2016CrR 7.8(b)(1) similarly states that a trial court may relieve a party from a final judgment due to an "[irregularity in obtaining a judgment." We review for abuse of discretion a trial court's denial of a new trial and denial of relief from judgment.4 "A trial court abuses its discretion when its 'decision is manifestly unreasonable, or is exercised on untenable grounds, or for untenable reasons.'"5 Bailiff's Communication with Jury Benson first argues that the bailiff's communication with the jury during deliberations and in his absence was improper and deprived him of his right to a 2 State

12016–2016
Moore v. Mayfair Tavern, Inc. green
wash · 1969
2 sentences

1979Memel v. Reimer, 85 Wn.2d 685, 687, 538 P.2d 517 (1975), citing Moore v. Mayfair Tavern, Inc., 75 Wn.2d 401, 406-07 , 451 P.2d 669 (1969), states: [T]he purpose of the rule requiring a party to except [to instructions] . . . is to put upon counsel the duty to use his best efforts to keep a trial free from error, and to this end to give the court an adequate statement of his position upon all matters upon which he asks the court to make a ruling.

1979Memel v. Reimer, 85 Wn.2d 685, 687, 538 P.2d 517 (1975), citing Moore v. Mayfair Tavern, Inc., 75 Wn.2d 401, 406-07 , 451 P.2d 669 (1969), states: [T]he purpose of the rule requiring a party to except [to instructions] . . . is to put upon counsel the duty to use his best efforts to keep a trial free from error, and to this end to give the court an adequate statement of his position upon all matters upon which he asks the court to make a ruling.

11979–1979
Jones v. City of Seattle neutral
wash · 1901
2 sentences

1924Although the defendants were entitled to have the jury instructed on their theory of the case, if there was any evidence to support it (Jones v. Seattle, 23 Wash. 753 , 63 Pac. 553 , and State v. Messner, 43 Wash. 206 , 86 Pac. 636 ), yet they were not entitled to have instructions given containing any misstatement of the law, even though they were in the main free from error, for, as we have said before, the court is not compelled to separate the bad portions from the good portions in requested instructions, even though the separation is not difficult.

1924Although the defendants were entitled to have the jury instructed on their theory of the case, if there was any evidence to support it (Jones v. Seattle, 23 Wash. 753 , 63 Pac. 553 , and State v. Messner, 43 Wash. 206 , 86 Pac. 636 ), yet they were not entitled to have instructions given containing any misstatement of the law, even though they were in the main free from error, for, as we have said before, the court is not compelled to separate the bad portions from the good portions in requested instructions, even though the separation is not difficult.

11924–1924
State v. Messner green
wash · 1906
2 sentences

1924Although the defendants were entitled to have the jury instructed on their theory of the case, if there was any evidence to support it (Jones v. Seattle, 23 Wash. 753 , 63 Pac. 553 , and State v. Messner, 43 Wash. 206 , 86 Pac. 636 ), yet they were not entitled to have instructions given containing any misstatement of the law, even though they were in the main free from error, for, as we have said before, the court is not compelled to separate the bad portions from the good portions in requested instructions, even though the separation is not difficult.

1924Although the defendants were entitled to have the jury instructed on their theory of the case, if there was any evidence to support it (Jones v. Seattle, 23 Wash. 753 , 63 Pac. 553 , and State v. Messner, 43 Wash. 206 , 86 Pac. 636 ), yet they were not entitled to have instructions given containing any misstatement of the law, even though they were in the main free from error, for, as we have said before, the court is not compelled to separate the bad portions from the good portions in requested instructions, even though the separation is not difficult.

11924–1924

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

AL 19 (1856–2005) MI 16 (1866–1992) NC 13 (1957–2007) WA 11 (1924–2026) OH 10 (1926–2026) PA 10 (1889–2017) WI 9 (1986–2010) NE 7 (1905–2009) SC 4 (1990–2005) MO 4 (1921–1980) CA 3 (1991–2020) FL 3 (1966–2003) CO 3 (2008–2009) IL 3 (1941–1988) OR 3 (1921–1932) NV 2 (1968–1971) MA 2 (1926–1973) TX 2 (2021–2023) KS 2 (1998–2002)

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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