occasions inquiry (Washington) · Go Syfert
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occasions inquiry in Washington

12 Washington opinions name it 1 courts 2016–2026 11 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 (3)

CaseFollowedCited
Erlinger v. United Statesgreen
scotus · 2024 · cited in 9 Washington opinions naming this issue, 2024–2026
2 sentences

2026The Court issued a narrow holding, stating, “While recognizing [the defendant] was entitled to have a jury resolve ACCA’s occasions inquiry unanimously and beyond a reasonable doubt, we decide no more than that.” Id.

2026State v. Frieday, 33 Wn. App. 2d 719 , 747, 565 P.3d 139 , review denied, 5 Wn.3d 1006 (2025), cert. denied, --- U.S. ---, 146 S. Ct. 1609 (2026) (“Erlinger should be limited to the ACCA and . . . did ‘no more’ than impose a requirement that a jury resolve the ACCA’s occasions inquiry.”) (quoting Erlinger, 602 U.S. at 835 ).

39
State v. Lynngreen
washctapp · 1992 · cited in 1 Washington opinions naming this issue, 2016–2016
2 sentences

2016App. 339, 345 , 835 P.2d 251 (1992) ("Essential to this determination is a plausible showing by the defendant that the asserted error had practical and identifiable consequences in the trial of the case.").

2016On the few occasions when defense counsel asked a witness or the court to speak more directly into the microphone, the absence of further complaints from Warner indicates that the problem was 2 State v. McFarland. 127 Wn.2d 322, 333 , 899 P.2d 1251 (1995) ("The defendant must identify a constitutional error and show how, in the context of the trial, the alleged error actually affected the defendant's rights; it is this showing of actual prejudice that makes the error 'manifest', allowing appellate review."); State v. Lynn. 67 Wn.

11
State v. McFarlandgreen
wash · 1995 · cited in 1 Washington opinions naming this issue, 2016–2016
2 sentences

2016On the few occasions when defense counsel asked a witness or the court to speak more directly into the microphone, the absence of further complaints from Warner indicates that the problem was 2 State v. McFarland. 127 Wn.2d 322, 333 , 899 P.2d 1251 (1995) ("The defendant must identify a constitutional error and show how, in the context of the trial, the alleged error actually affected the defendant's rights; it is this showing of actual prejudice that makes the error 'manifest', allowing appellate review."); State v. Lynn. 67 Wn.

2016On the few occasions when defense counsel asked a witness or the court to speak more directly into the microphone, the absence of further complaints from Warner indicates that the problem was 2 State v. McFarland. 127 Wn.2d 322, 333 , 899 P.2d 1251 (1995) ("The defendant must identify a constitutional error and show how, in the context of the trial, the alleged error actually affected the defendant's rights; it is this showing of actual prejudice that makes the error 'manifest', allowing appellate review."); State v. Lynn. 67 Wn.

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 (5)

CaseCitedYears
Almendarez-Torres v. United States red
scotus · 1998
2 sentences

2025Indeed, the Court expressed its desire to limit the breadth of the fact of conviction exception, even isolating its opinion in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S. Ct. 1219 , 140 L.

2025Indeed, the Court expressed its desire to limit the breadth of the fact of conviction exception, even isolating its opinion in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S. Ct. 1219 , 140 L.

42024–2025
State Of Washington, V. Nicholas Windsor Anderson green
washctapp · 2024
2 sentences

2025State v. Anderson, 31 Wn. App. 2d 668 , 681, 552 P.3d 803 (explaining that Erlinger’s holding did not overrule our Supreme Court’s precedent that the fact of a prior conviction can be determined by a judge even when used to increase a criminal sentence), review denied, 3 Wn.3d 1034 (2024).

2025In addition, Erlinger limited its holding: “[w]hile recognizing Mr. Erlinger was entitled to have a jury resolve ACCA’s occasions inquiry unanimously and beyond a reasonable doubt, we decide no more than that.” Id. at 835. 14 In addition, our Supreme Court has clarified the reach of Erlinger in Washington, noting Erlinger’s holding “is limited to resolving ACCA’s occasions inquiry and does not overrule our state’s well-established precedent in Wheeler.” State v. Anderson, 31 Wn. App. 2d 668 , 681, 552 P.3d 803 (2024).

32025–2025
State Of Washington, V. Jeremy Ian Frieday green
washctapp · 2025
2 sentences

2026State v. Frieday, 33 Wn. App. 2d 719 , 747, 565 P.3d 139 , review denied, 5 Wn.3d 1006 (2025), cert. denied, --- U.S. ---, 146 S. Ct. 1609 (2026) (“Erlinger should be limited to the ACCA and . . . did ‘no more’ than impose a requirement that a jury resolve the ACCA’s occasions inquiry.”) (quoting Erlinger, 602 U.S. at 835 ).

2025This caveat is the reason we held in State v. Anderson, 31 Wn. App. 2d 668 , 681, 552 P.3d 803 (2024), that “Erlinger’s holding is limited to resolving ACCA’s occasions inquiry and does not overrule our state’s well-established precedent in [State v.] Wheeler, 145 Wn.2d 116 , 34 P.3d 799 [(2001)].” We reaffirmed this holding in State v. Frieday, 33 Wn. App. 2d 719 , 747, 565 P.3d 139 (2025).

22025–2026
State v. Wheeler green
wash · 2001
2 sentences

2025This caveat is the reason we held in State v. Anderson, 31 Wn. App. 2d 668 , 681, 552 P.3d 803 (2024), that “Erlinger’s holding is limited to resolving ACCA’s occasions inquiry and does not overrule our state’s well-established precedent in [State v.] Wheeler, 145 Wn.2d 116 , 34 P.3d 799 [(2001)].” We reaffirmed this holding in State v. Frieday, 33 Wn. App. 2d 719 , 747, 565 P.3d 139 (2025).

2025This caveat is the reason we held in State v. Anderson, 31 Wn. App. 2d 668 , 681, 552 P.3d 803 (2024), that “Erlinger’s holding is limited to resolving ACCA’s occasions inquiry and does not overrule our state’s well-established precedent in [State v.] Wheeler, 145 Wn.2d 116 , 34 P.3d 799 [(2001)].” We reaffirmed this holding in State v. Frieday, 33 Wn. App. 2d 719 , 747, 565 P.3d 139 (2025).

12025–2025
Mathis v. United States green
scotus · 2016
2 sentences

2025The Court clarified that while it was not revisiting its holding in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S. Ct. 1219 , 140 L. Ed. 2d 350 (1998) (permitting a judge to find the fact of a prior conviction), “a judge may ‘do no more, consistent with the Sixth Amendment, than determine what crime, with what elements, the defendant was convicted of.’ ” Erlinger, 602 U.S. at 838 (quoting Mathis v. United States, 579 U.S. 500, 511-12 , 136 S. Ct. 2243 , 195 L. Ed. 2d 604 (2016)).

2025The Court clarified that while it was not revisiting its holding in Almendarez-Torres v. United States, 523 U.S. 224 , 118 S. Ct. 1219 , 140 L. Ed. 2d 350 (1998) (permitting a judge to find the fact of a prior conviction), “a judge may ‘do no more, consistent with the Sixth Amendment, than determine what crime, with what elements, the defendant was convicted of.’ ” Erlinger, 602 U.S. at 838 (quoting Mathis v. United States, 579 U.S. 500, 511-12 , 136 S. Ct. 2243 , 195 L. Ed. 2d 604 (2016)).

12025–2025

Statutes the citing opinions construe

USC § 18u.s.c.922 (5) USC § 18u.s.c.924 (5) WA § Wash. Rev. Code § 9.94A.030 (4) WA § Wash. Rev. Code § 9.94A.525 (4) WA § Wash. Rev. Code § 9.94A.570 (4) WA § Wash. Rev. Code § 10.01.160 (3) WA § Wash. Rev. Code § 7.68.035 (3) WA § Wash. Rev. Code § 9.94A.535 (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

WA 12 (2016–2026) CA 5 (2021–2026) NY 3 (2024–2026) KS 2 (2025–2025)

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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