accomplice liability instruction in Washington

78 Washington opinions name it 2 courts 1982–2026 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 (16)

Case	Followed	Cited
State v. Browngreen wash · 2002 · cited in 7 Washington opinions naming this issue, 2003–2013 2 sentences 2013Brown challenged an error in the accomplice liability instruction where he had been convicted for first degree robbery, first degree assault, 16 RP (Jan. 12, 2012) at 159 (emphasis added). 17 State v. Brown. 147 Wn.2d 330, 341 , 58 P.3d 889 (2002) (quoting Neder v. United States. 527 U.S. 1, 19 , 119 S. Ct. 1827 , 144 L Ed. 2d 35 (1999)). 18 King. 113 Wn. 2010Therefore the court must “determine whether the error has not relieved the State of its burden to prove each element of the case.” Id. at 344 . ¶47 The omission at issue in Brown was an accomplice liability instruction.	3	7
State v. Croningreen wash · 2000 · cited in 23 Washington opinions naming this issue, 2001–2018 2 sentences 2016See also Cronin, 142 Wn.2d at 579 . 13 No. 32247-5-111 State v. Jackson The State concedes the flaw in the court's accomplice liability instruction. 2016Our Supreme Court has expressly found that it is error to use “a crime” in the accomplice liability instruction in State v. Roberts, 142 Wn.2d 471, 509-11 , 14 P.3d 713 (2000) and State v. Cronin, 142 Wn.2d 568, 578-79 , 14 P.3d 752 (2000).	2	23
State v. Robertsgreen wash · 2000 · cited in 16 Washington opinions naming this issue, 2001–2018 2 sentences 2018ACCOMPLICE LIABILITY JURY INSTRUCTION Calo next contends that the accomplice liability instruction was improper under State v. Roberts, 142 Wn.2d 471 , 14 P.3d 713 (2000). 2016Our Supreme Court has expressly found that it is error to use “a crime” in the accomplice liability instruction in State v. Roberts, 142 Wn.2d 471, 509-11 , 14 P.3d 713 (2000) and State v. Cronin, 142 Wn.2d 568, 578-79 , 14 P.3d 752 (2000).	2	16
State v. Ricegreen wash · 1984 · cited in 4 Washington opinions naming this issue, 2003–2003 2 sentences 2003Citing Rice, 102 Wn.2d at 125 , we said in Bolar that when it comes to felony murder standing alone, and where the evidence conclusively shows that all of the participants acted as principals in committing the predicate felony, an accomplice liability instruction is superfluous, for the felony murder statute itself establishes the complicity of both the killer and nonkiller participant in the homicide as principals. 2003Citing State v. Rice, 102 Wash.2d 120, 125 , 683 P.2d 199 (1984), we said in Bolar that when it comes to felony murder standing alone, and where the evidence conclusively shows that all of the participants acted as principals in committing the predicate felony, an accomplice liability instruction is superfluous, for the felony murder statute itself establishes the complicity of both the killer and nonkiller participant in the homicide, as principals.	2	4
State v. Steingreen wash · 2001 · cited in 4 Washington opinions naming this issue, 2001–2002 2 sentences 2002Stein, 144 Wn.2d at 247 . 2002Stein, 144 Wash.2d at 247 , 27 P.3d 184 .	2	4
State v. Steingreen wash · 2001 · cited in 3 Washington opinions naming this issue, 2001–2002 2 sentences 2002Stein, 144 Wash.2d at 247 , 27 P.3d 184 . 2001See State v. Stein, 144 Wn.2d 236, 241 , 27 P.3d 184 (2001); State v. Cronin, 142 Wn.2d 568, 578 , 14 P.3d 752 (2000); State v. Roberts, 142 Wn.2d 471, 508 , 14 P.3d 713 (2000).	2	3
State v. Galisiagreen washctapp · 1992 · cited in 2 Washington opinions naming this issue, 2001–2001 2 sentences 2001See State v. Galisia, 63 Wn. 2001See State v. Galisia, 63 Wash.App. 833, 840 , 822 P.2d 303 (1992) (defendant need not participate in each element of the crimeit is sufficient if a person intends to facilitate another in the commission of the crime by providing assistance through his presence or his act).	2	2
State v. Croningreen wash · 2000 · cited in 21 Washington opinions naming this issue, 2001–2018 2 sentences 2016Our Supreme Court has expressly found that it is error to use “a crime” in the accomplice liability instruction in State v. Roberts, 142 Wn.2d 471, 509-11 , 14 P.3d 713 (2000) and State v. Cronin, 142 Wn.2d 568, 578-79 , 14 P.3d 752 (2000). 2012He argued the accomplice liability instruction used at trial was improper under State v. Cronin, 142 Wn.2d 568 , 14 P.3d 752 (2000), and State v. Roberts, 142 Wn.2d 471 , 14 P.3d 713 (2000).	1	21
State v. Robertsgreen wash · 2001 · cited in 14 Washington opinions naming this issue, 2001–2018 2 sentences 2018ACCOMPLICE LIABILITY JURY INSTRUCTION Calo next contends that the accomplice liability instruction was improper under State v. Roberts, 142 Wn.2d 471 , 14 P.3d 713 (2000). 2016Our Supreme Court has expressly found that it is error to use “a crime” in the accomplice liability instruction in State v. Roberts, 142 Wn.2d 471, 509-11 , 14 P.3d 713 (2000) and State v. Cronin, 142 Wn.2d 568, 578-79 , 14 P.3d 752 (2000).	1	14
State v. Browngreen wash · 2002 · cited in 7 Washington opinions naming this issue, 2003–2013 2 sentences 2013Brown challenged an error in the accomplice liability instruction where he had been convicted for first degree robbery, first degree assault, 16 RP (Jan. 12, 2012) at 159 (emphasis added). 17 State v. Brown. 147 Wn.2d 330, 341 , 58 P.3d 889 (2002) (quoting Neder v. United States. 527 U.S. 1, 19 , 119 S. Ct. 1827 , 144 L Ed. 2d 35 (1999)). 18 King. 113 Wn. 2010Therefore the court must "determine whether the error has not relieved the State of its burden to prove each element of the case." Id. at 344 , 58 P.3d 889 . ¶ 47 The omission at issue in Brown was an accomplice liability instruction.	1	7
State v. Davenportgreen wash · 1984 · cited in 3 Washington opinions naming this issue, 2006–2018 2 sentences 2018Id. 2013See State v. Davenport, 100 Wn.2d 757, 764-65 , 675 P.2d 1213 (1984).	1	3
State v. Willisgreen wash · 2005 · cited in 1 Washington opinions naming this issue, 2015–2015	1	1
State v. Willisgreen wash · 2005 · cited in 1 Washington opinions naming this issue, 2015–2015	1	1
In re the Personal Restraint of Yatesgreen wash · 2013 · cited in 1 Washington opinions naming this issue, 2014–2014	1	1
State v. Jordengreen washctapp · 2000 · cited in 1 Washington opinions naming this issue, 2013–2013	1	1
State v. Irizarrygreen wash · 1988 · cited in 1 Washington opinions naming this issue, 2001–2001	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 (52)

Case	Cited	Years
State v. Teal green washctapp · 2003 2 sentences 2015This court considered and rejected a similar argument in State v. Teal. 117 Wn. 2004Teal, 117 Wash.App. at 846 , 73 P.3d 402 . [6] The State has conceded that the accomplice liability instruction was erroneous under our holding in State v. Cronin, 142 Wash.2d 568 , 14 P.3d 752 (2000), and that a new trial is needed. [1] See RCW 48.30.230.	4	2004–2015
State v. Jackson green wash · 1999 2 sentences 2000We do not believe that the Supreme Court in Jackson, 137 Wn.2d at 726-27 , intended to set down a bright-line rule that every error contained in an accomplice liability instruction necessarily requires reversal. 2000We do not believe that the Supreme Court in Jackson, 137 Wash.2d at 726-27 , 976 P.2d 1229 , intended to set down a bright-line rule that every error contained in an accomplice liability instruction necessarily requires reversal.	3	2000–2002
State v. Jackson green wash · 1999 2 sentences 2002Id. at 720 , 976 P.2d 1229 . 2000We do not believe that the Supreme Court in Jackson, 137 Wash.2d at 726-27 , 976 P.2d 1229 , intended to set down a bright-line rule that every error contained in an accomplice liability instruction necessarily requires reversal.	3	2000–2002
Strickland v. Washington green scotus · 1984 2 sentences 2017This issue is addressed within this section. 13 48324-6-II / 48520-6-II considering all the circumstances, the performance “‘falls below an objective standard of reasonableness.’” Grier, 171 Wn.2d at 33 (quoting Strickland, 466 U.S. at 688 ). 2014But he provides no authority that how the other participants in the robbery were charged makes any difference to his accomplice liability, and he does not contend that 20 See Strickland, 466 U.S. at 687 . 21 See Norton v. U.S. Bank Nat'l Ass'n, 179 Wn.	2	2014–2017
State v. Stovall green washctapp · 2003 2 sentences 2016Where a defendant is faced with multiple charges, the error in the accomplice liability instruction is not harmless and requires reversal "if the evidence pertaining to one or more of the charges shows no direct participation by the defendant as a principal and the jury may have found the defendant guilty as an accomplice based on his involvement in some crime other than the specific crime charged." State v. Stovall, 115 Wn. 2003But if the evidence ... shows no direct participation... as a principal and the jury may have found the defendant guilty as an accomplice based on his involvement in some crime other than the specific crime charged, the erroneous accomplice liability instruction is not harmless error.” State v. Stovall, 115 Wn.	2	2003–2016
State v. Clark green wash · 2012 2 sentences 2014App. 370, 376 , 264 P. 3d 575 ( 2011), review denied, 173 Wn.2d 1035 ( 2012). 2012We recently rejected an identical argument in State v. Ferguson, 164 Wn App. 370, 264 P.3d 575 (2011), review denied, 173 Wn.2d 1035 (2012), and likewise hold here that the accomplice liability instruction given was proper and that RCW 9A.08.020 is not unconstitutionally overbroad. ¶71 Next, McCreven challenges the admission of his “booking photo” as a violation of his right to be presumed innocent.	2	2012–2014
State v. Ferguson green washctapp · 2011 2 sentences 2014App. 370, 376 , 264 P. 3d 575 ( 2011), review denied, 173 Wn.2d 1035 ( 2012). 2012We recently rejected an identical argument in State v. Ferguson, 164 Wn App. 370, 264 P.3d 575 (2011), review denied, 173 Wn.2d 1035 (2012), and likewise hold here that the accomplice liability instruction given was proper and that RCW 9A.08.020 is not unconstitutionally overbroad. ¶71 Next, McCreven challenges the admission of his “booking photo” as a violation of his right to be presumed innocent.	2	2012–2014
State v. Ferguson procedural washctapp · 2011 2 sentences 2014App. at 960, Division One of this court held that the accomplice liability instruction was not unconstitutionally overbroad because [ the statute' s] " sweep avoids protected speech activities that are not performed in aid of a crime and that only consequentially further the crime." We explicitly adopted Division One' s holding in State v. Ferguson, 164 Wn. 2014And we explicitly adopted Division One' s holding in State v. Ferguson, 164 Wn.	2	2014–2014
State v. Bauer neutral washctapp · 2013 2 sentences 2014Bauer, 174 Wn. 2014Bauer, 174 Wn.	2	2014–2014
Neder v. United States green scotus · 1999 2 sentences 2013Brown challenged an error in the accomplice liability instruction where he had been convicted for first degree robbery, first degree assault, 16 RP (Jan. 12, 2012) at 159 (emphasis added). 17 State v. Brown. 147 Wn.2d 330, 341 , 58 P.3d 889 (2002) (quoting Neder v. United States. 527 U.S. 1, 19 , 119 S. Ct. 1827 , 144 L Ed. 2d 35 (1999)). 18 King. 113 Wn. 2013Brown challenged an error in the accomplice liability instruction where he had been convicted for first degree robbery, first degree assault, 16 RP (Jan. 12, 2012) at 159 (emphasis added). 17 State v. Brown. 147 Wn.2d 330, 341 , 58 P.3d 889 (2002) (quoting Neder v. United States. 527 U.S. 1, 19 , 119 S. Ct. 1827 , 144 L Ed. 2d 35 (1999)). 18 King. 113 Wn.	2	2004–2013
State v. Bolar green washctapp · 2003 2 sentences 2013The defendants' felony murder convictions were unaffected by the erroneous instructions because "where the undisputed evidence shows that all the participants acted as principals in committing the predicate felony, an accomplice liability instruction is superfluous, for the felony murder statute itself expressly establishes the complicity of both the killer and nonkiller participant in the homicide, as principals." State v. Bolar, 118 Wn. 2003Because Bolar was convicted only of felony murder, and not premeditated murder, we concluded that the erroneous accomplice liability instruction was harmless per se. 118 Wn.	2	2003–2013
State v. Scott green wash · 1988 2 sentences 2009In Scott , the trial court provided an accomplice liability instruction requiring the jury to find the defendant acted "with knowledge." Id. at 683 n. 1, 757 P.2d 492 . 2009In Scott , the trial court provided an accomplice liability instruction requiring the jury to find the defendant acted “ ‘with knowledge.’ ” Id. at 683 n.l.	2	2009–2009
State v. Carter green washctapp · 2003 2 sentences 2005State v. Carter, 119 Wn. 2005State v. Carter, 119 Wash.App. 221, 229 , 79 P.3d 1168 (2003).	2	2005–2005
State v. Borrero green wash · 2002 2 sentences 2003Cf. State v. Borrero, 147 Wn.2d 353, 365 , 58 P.3d 245 (2002) (if the jury disbelieved Borrero’s defense that he was not present at the time of the crimes, the testimony of the State’s witnesses established that he was a principal in the charged crimes, and the error in the accomplice liability instruction was immaterial); see also Brown, 147 Wn.2d at 343 (defendant Baker was charged with four crimes, and in three of them the evidence establishes that he acted as a principal; as to those counts, the error in the accomplice liability instruction was harmless beyond a reasonable doubt). 2003Cf., State v. Borrero, 147 Wash.2d 353, 365 , 58 P.3d 245 (2002) (If the jury disbelieved Borrero's defense that he was not present at the time of the crimes, the testimony of the State's witnesses established that he was a principal in the charged crimes, and the error in the accomplice liability instruction was immaterial); see also Brown, 147 Wash.2d at 343 , 58 P.3d 889 (defendant Baker was charged with four crimes, and in three of them the evidence establishes that he acted as a principal; as to those counts, the error in the accomplice liability instruction was harmless beyond a reasonab	2	2003–2003
State v. Carothers green wash · 1974 2 sentences 2003The superfluity of the accomplice liability instruction in Bolar was pointed out in order to illustrate the harmlessness of the error contained in the instruction, not to discourage the use of proper accomplice liability instructions in cases of felony murder. 1173 As our Supreme Court explained in State v. Carothers, 84 Wash.2d 256, 264 , 525 P.2d 731 (1974), disapproved on other grounds by State v. Harris, 102 Wash.2d 148, 153-54 , 685 P.2d 584 (1984): The Legislature has said that anyone who participates in the commission of a crime is guilty of the crime and should be charged as a princip 2003The superfluity of the accomplice liability instruction in Bolar was pointed out in order to illustrate the harmlessness of the error contained in the instruction, not to discourage the use of proper accomplice liability instructions in cases of felony murder. 1173 As our Supreme Court explained in State v. Carothers, 84 Wash.2d 256, 264 , 525 P.2d 731 (1974), disapproved on other grounds by State v. Harris, 102 Wash.2d 148, 153-54 , 685 P.2d 584 (1984): The Legislature has said that anyone who participates in the commission of a crime is guilty of the crime and should be charged as a princip	2	2003–2003
State v. Borrero green wash · 2002 2 sentences 2003Cf. State v. Borrero, 147 Wn.2d 353, 365 , 58 P.3d 245 (2002) (if the jury disbelieved Borrero’s defense that he was not present at the time of the crimes, the testimony of the State’s witnesses established that he was a principal in the charged crimes, and the error in the accomplice liability instruction was immaterial); see also Brown, 147 Wn.2d at 343 (defendant Baker was charged with four crimes, and in three of them the evidence establishes that he acted as a principal; as to those counts, the error in the accomplice liability instruction was harmless beyond a reasonable doubt). 2003Cf., State v. Borrero, 147 Wash.2d 353, 365 , 58 P.3d 245 (2002) (If the jury disbelieved Borrero's defense that he was not present at the time of the crimes, the testimony of the State's witnesses established that he was a principal in the charged crimes, and the error in the accomplice liability instruction was immaterial); see also Brown, 147 Wash.2d at 343 , 58 P.3d 889 (defendant Baker was charged with four crimes, and in three of them the evidence establishes that he acted as a principal; as to those counts, the error in the accomplice liability instruction was harmless beyond a reasonab	2	2003–2003
State v. Harris green wash · 1984 2 sentences 2003The superfluity of the accomplice liability instruction in Bolar was pointed out in order to illustrate the harmlessness of the error contained in the instruction, not to discourage the use of proper accomplice liability instructions in cases of felony murder. 1173 As our Supreme Court explained in State v. Carothers, 84 Wash.2d 256, 264 , 525 P.2d 731 (1974), disapproved on other grounds by State v. Harris, 102 Wash.2d 148, 153-54 , 685 P.2d 584 (1984): The Legislature has said that anyone who participates in the commission of a crime is guilty of the crime and should be charged as a princip 2003The superfluity of the accomplice liability instruction in Bolar was pointed out in order to illustrate the harmlessness of the error contained in the instruction, not to discourage the use of proper accomplice liability instructions in cases of felony murder. 1173 As our Supreme Court explained in State v. Carothers, 84 Wash.2d 256, 264 , 525 P.2d 731 (1974), disapproved on other grounds by State v. Harris, 102 Wash.2d 148, 153-54 , 685 P.2d 584 (1984): The Legislature has said that anyone who participates in the commission of a crime is guilty of the crime and should be charged as a princip	2	2003–2003
State v. Spencer green washctapp · 2002 2 sentences 2003App. 401 , 45 P.3d 209 (2002), included the standard sentence, “A person who is an accomplice in the commission of a crime is guilty of that crime whether present at the scene or not.” If the accomplice instruction omits the sentence stating that an accomplice is “guilty,” a defendant who is tried on an accomplice liability theory has a much stronger argument that the instruction does not meet due process standards. 2003Clerk's Papers at 74. [8] We say "appears to hold" because it is not absolutely clear that the accomplice liability instruction in State v. Spencer, 111 Wash.App. 401 , 45 P.3d 209 (2002), included the standard sentence, "A person who is an accomplice in the commission of a crime is guilty of that crime whether present at the scene or not." If the accomplice instruction omits the sentence stating that an accomplice is "guilty", a defendant who is tried on an accomplice liability theory has a much stronger argument that the instruction does not meet due process standards.	2	2003–2003
State v. Spencer green washctapp · 2002 2 sentences 2003We say “appears to hold” because it is not absolutely clear that the accomplice liability instruction in State v. Spencer, 111 Wn. 2003Clerk's Papers at 74. [8] We say "appears to hold" because it is not absolutely clear that the accomplice liability instruction in State v. Spencer, 111 Wash.App. 401 , 45 P.3d 209 (2002), included the standard sentence, "A person who is an accomplice in the commission of a crime is guilty of that crime whether present at the scene or not." If the accomplice instruction omits the sentence stating that an accomplice is "guilty", a defendant who is tried on an accomplice liability theory has a much stronger argument that the instruction does not meet due process standards.	2	2003–2003
State v. Jackson green washctapp · 1997	2	1999–1999
State v. Howe neutral washctapp · 2003	1	2026–2026
State v. Berube green wash · 2003	1	2021–2021
State v. Berube green wash · 2003	1	2021–2021
State v. Ramirez procedural washctapp · 1987	1	2017–2017
State v. Grier green wash · 2011	1	2017–2017
State v. Stovall green washctapp · 2003	1	2016–2016
State v. Ransom green washctapp · 1990	1	2014–2014
State v. Harris green wash · 2010	1	2014–2014
State v. Teaford green washctapp · 1982	1	2014–2014
State v. Hobbs green washctapp · 1993	1	2014–2014
State v. Coleman neutral washctapp · 2010	1	2014–2014
State v. Castillo green washctapp · 2009	1	2014–2014
State v. Coleman green washctapp · 2010	1	2014–2014
Norton v. U.S. Bank National Ass'n green washctapp · 2014	1	2014–2014
State v. Bolar green washctapp · 2003	1	2013–2013
Batson v. Kentucky green scotus · 1986	1	2013–2013
State v. Brett green wash · 1995	1	2012–2012
In Re Petition of Fields green wash · 2009	1	2012–2012
State v. Grande green wash · 2008	1	2012–2012
State v. Grande green wash · 2008	1	2012–2012

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.08.020 (46) WA § Wash. Rev. Code § 2.06.040 (16) WA § Wash. Rev. Code § 9A.32.030 (16) WA § Wash. Rev. Code § 9A.08.010 (9) WA § Wash. Rev. Code § 9A.56.190 (6) WA § Wash. Rev. Code § 10.73.090 (5) WA § Wash. Rev. Code § 9A.04.110 (5) WA § Wash. Rev. Code § 9A.52.020 (5) WA § Wash. Rev. Code § 69.50.401 (4) WA § Wash. Rev. Code § 69.50.435 (4) WA § Wash. Rev. Code § 9A.04.060 (4) WA § Wash. Rev. Code § 9A.28.020 (4)

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

WA 78 (1982–2026) IN 25 (1999–2025) AL 19 (1982–2014) MN 12 (2010–2024) DE 11 (1986–2026) SC 10 (2014–2025) PA 10 (2003–2024) MO 9 (1996–2019) NJ 8 (1997–2025) ME 7 (1983–2026) AR 5 (2012–2021) AZ 4 (2019–2025) UT 4 (2002–2018) CA 4 (1989–2025) MD 3 (2009–2019) MS 3 (1993–2022) NM 2 (2011–2020) HI 2 (2006–2020) NH 2 (1997–2002)

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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