NGI plea in Washington

11 Washington opinions name it 2 courts 1983–2000 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 (5)

Case	Followed	Cited
State v. Jonesgreen wash · 1983 · cited in 7 Washington opinions naming this issue, 1984–1997 2 sentences 1997Under this court’s unanimous decision in State v. Smith, 88 Wn.2d 639 , 564 P.2d 1154 (1977), overruled by State v. Jones, 99 Wn.2d 735 , 664 P.2d 1216 (1983), a trial court could unilaterally impose an NGI plea on a defendant over the defendant’s objections. 1997Under this court’s unanimous decision in State v. Smith, 88 Wn.2d 639 , 564 P.2d 1154 (1977), overruled by State v. Jones, 99 Wn.2d 735 , 664 P.2d 1216 (1983), a trial court could unilaterally impose an NGI plea on a defendant over the defendant’s objections.	1	7
Frendak v. United Statesgreen dc · 1979 · cited in 2 Washington opinions naming this issue, 1983–1990 2 sentences 1990The trial court must " 'conduct an inquiry designed to assure that defendant has been fully informed of alternatives available, comprehends the consequences of failing to assert the [insanity] defense, and freely chooses to raise or waive the defense."' Jones, 99 Wn.2d at 745 (quoting Frendak v. United States, 408 A.2d 364 (D.C. 1979)). 1983Frendak , at 378.	1	2
State v. Chervenellgreen wash · 1983 · cited in 1 Washington opinions naming this issue, 1990–1990 1 sentence 1990See Chervenell, 99 Wn.2d at 316 .	1	1
State v. Andersongreen washctapp · 1986 · cited in 1 Washington opinions naming this issue, 1988–1988 2 sentences 1988See State v. Anderson, 44 Wn. 1988App. 644 , 723 P.2d 464 (1986), review dismissed, 109 Wn.2d 1015 (1987); see also State v. Jones, 99 Wn.2d 735 , 664 P.2d 1216 (1983) (entry of NGI plea constitutes waiver of privilege against self-incrimination and psychologist/client privilege); cf. State v. Tradewell, 9 Wn.	1	1
Thomas W. Whalem v. United Statesgreen cadc · 1965 · cited in 1 Washington opinions naming this issue, 1983–1983 2 sentences 1983See Whalem v. United States, 346 F.2d 812, 818-19 (D.C. 1983See Whalem v. United States, 346 F.2d 812, 818-19 (D.C.	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 (15)

Case	Cited	Years
In re the Personal Restraint Well green wash · 1997 2 sentences 2000Well, 133 Wn.2d at 444 . 2000In re Well, 133 Wash.2d at 444 , 946 P.2d 750 .	2	2000–2000
State v. Smith red wash · 1977 2 sentences 1997Under this court’s unanimous decision in State v. Smith, 88 Wn.2d 639 , 564 P.2d 1154 (1977), overruled by State v. Jones, 99 Wn.2d 735 , 664 P.2d 1216 (1983), a trial court could unilaterally impose an NGI plea on a defendant over the defendant’s objections. 1997Under this court’s unanimous decision in State v. Smith, 88 Wn.2d 639 , 564 P.2d 1154 (1977), overruled by State v. Jones, 99 Wn.2d 735 , 664 P.2d 1216 (1983), a trial court could unilaterally impose an NGI plea on a defendant over the defendant’s objections.	2	1997–1997
Matter of Well green wash · 1997 1 sentence 2000In re Well, 133 Wash.2d at 444 , 946 P.2d 750 .	1	2000–2000
State v. Huson green wash · 1968 2 sentences 1988Bonds , at 22 (quoting State v. Huson, 73 Wn.2d 660 , 440 P.2d 192 (1968), cert. denied, 393 U.S. 1096 (1969)). 1988Bonds , at 22 (quoting State v. Huson, 73 Wn.2d 660 , 440 P.2d 192 (1968), cert. denied, 393 U.S. 1096 (1969)).	1	1988–1988
State v. Tradewell green washctapp · 1973 2 sentences 1988App. 644 , 723 P.2d 464 (1986), review dismissed, 109 Wn.2d 1015 (1987); see also State v. Jones, 99 Wn.2d 735 , 664 P.2d 1216 (1983) (entry of NGI plea constitutes waiver of privilege against self-incrimination and psychologist/client privilege); cf. State v. Tradewell, 9 Wn. 1988App. 821 , 515 P.2d 172 , review denied, 83 Wn.2d 1005 (1973), cert. denied, 416 U.S. 985 (1974).	1	1988–1988
Otero v. Florida green scotus · 1969 1 sentence 1988Bonds , at 22 (quoting State v. Huson, 73 Wn.2d 660 , 440 P.2d 192 (1968), cert. denied, 393 U.S. 1096 (1969)).	1	1988–1988
Mead v. Horvitz Publishing Co. green scotus · 1974 1 sentence 1988App. 821 , 515 P.2d 172 , review denied, 83 Wn.2d 1005 (1973), cert. denied, 416 U.S. 985 (1974).	1	1988–1988
Wainwright v. Greenfield green scotus · 1986 2 sentences 1987Ed. 2d 623 , 106 S. Ct. 634 (1986), the Supreme Court held that the State may not use a defendant's post-Miranda silence as evidence to counter a NGI defense. 1987Ed. 2d 623 , 106 S. Ct. 634 (1986), the Supreme Court held that the State may not use a defendant's post-Miranda silence as evidence to counter a NGI defense.	1	1987–1987
State v. Khan green njsuperctappdiv · 1980 2 sentences 1985He believed that his actions were justified as self-defense because he was protecting secret information vital to the "cold war." Jones makes clear, however, that an insane defendant may waive the NGI plea: State v. Khan, 175 N.J. 1985He believed that his actions were justified as self-defense because he was protecting secret information vital to the "cold war." Jones makes clear, however, that an insane defendant may waive the NGI plea: State v. Khan, 175 N.J.	1	1985–1985
Westbrook v. Arizona green scotus · 1966 2 sentences 1985COMPETENCY TO WAIVE COUNSEL [3, 4] A higher level of competency is necessary to waive the right to counsel guaranteed by the state and federal constitutions. [1] Westbrook v. Arizona, 384 U.S. 150 , 16 L.Ed.2d 429 , 86 S.Ct. 1320 (1966); Jones , at 746. 1985COMPETENCY TO WAIVE COUNSEL [3, 4] A higher level of competency is necessary to waive the right to counsel guaranteed by the state and federal constitutions. [1] Westbrook v. Arizona, 384 U.S. 150 , 16 L.Ed.2d 429 , 86 S.Ct. 1320 (1966); Jones , at 746.	1	1985–1985
State v. Bauer green minn · 1976 2 sentences 1985Bauer, 245 N.W.2d at 859 . 1985Bauer, 245 N.W.2d at 859 .	1	1985–1985
State v. Huston green wash · 1967 2 sentences 1985State v. Huston, 71 Wn.2d 226, 231 , 428 P.2d 547 (1967). [2] The same level of competency is necessary to stand trial and to waive the NGI plea. 1985State v. Huston, 71 Wn.2d 226, 231 , 428 P.2d 547 (1967). [2] The same level of competency is necessary to stand trial and to waive the NGI plea.	1	1985–1985
State v. Kolocotronis green wash · 1968 2 sentences 1983This distinguishes our decision in State v. Kolocotronis, 73 Wn.2d 92 , 436 P.2d 774 (1968) in which, despite the fact that the defendant was apparently competent to stand trial, we approved sua sponte entry of an NGI plea because "the defendant lacked mental competency ... to determine the advisability of submitting the defense of insanity". 1983This distinguishes our decision in State v. Kolocotronis, 73 Wn.2d 92 , 436 P.2d 774 (1968) in which, despite the fact that the defendant was apparently competent to stand trial, we approved sua sponte entry of an NGI plea because "the defendant lacked mental competency ... to determine the advisability of submitting the defense of insanity".	1	1983–1983
State v. Dodd green wash · 1967 2 sentences 1983In State v. Dodd, 70 Wn.2d 513 , 424 P.2d 302 , cert. denied, 387 U.S. 948 (1967), wherein we rejected a defendant's claim that the trial court should have forced him to enter an NGI plea, we enunciated a standard virtually identical to that of Frendak . 1983In State v. Dodd, 70 Wn.2d 513 , 424 P.2d 302 , cert. denied, 387 U.S. 948 (1967), wherein we rejected a defendant's claim that the trial court should have forced him to enter an NGI plea, we enunciated a standard virtually identical to that of Frendak .	1	1983–1983
Prendez v. California green scotus · 1967 2 sentences 1983In State v. Dodd, 70 Wn.2d 513 , 424 P.2d 302 , cert. denied, 387 U.S. 948 (1967), wherein we rejected a defendant's claim that the trial court should have forced him to enter an NGI plea, we enunciated a standard virtually identical to that of Frendak . 1983In State v. Dodd, 70 Wn.2d 513 , 424 P.2d 302 , cert. denied, 387 U.S. 948 (1967), wherein we rejected a defendant's claim that the trial court should have forced him to enter an NGI plea, we enunciated a standard virtually identical to that of Frendak .	1	1983–1983

Statutes the citing opinions construe

WA § Wash. Rev. Code § 10.73.090 (4) WA § Wash. Rev. Code § 10.73.100 (4) WA § Wash. Rev. Code § 10.73.120 (4) WA § Wash. Rev. Code § 10.77.010 (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

CA 57 (1981–2026) WI 31 (1987–2025) WA 11 (1983–2000) NJ 4 (1990–2005) DC 4 (1990–1999)

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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