11 Washington opinions name it 2 courts 1988–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Sylvester Lewis Adams v. James Aiken, Warden, Central Correctional Institutiongreen2 sentences2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh 'g, 138 F.3d 552, 553 (5th Cir. 1998) (en bane); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). 2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh’g, 138 F.3d 552, 553 (5th Cir. 1998) (en banc); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). | 2 | 2 |
cluster 707564green2 sentences2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh 'g, 138 F.3d 552, 553 (5th Cir. 1998) (en bane); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). 2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh’g, 138 F.3d 552, 553 (5th Cir. 1998) (en banc); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). | 2 | 2 |
Elmo Humphrey, III v. Burl Cain, Acting Warden, Louisiana State Penitentiarygreen2 sentences2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh 'g, 138 F.3d 552, 553 (5th Cir. 1998) (en bane); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). 2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh’g, 138 F.3d 552, 553 (5th Cir. 1998) (en banc); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). | 2 | 2 |
Elmo Humphrey, III v. Burl Cain, Warden, Louisiana State Penitentiarygreen2 sentences2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh 'g, 138 F.3d 552, 553 (5th Cir. 1998) (en bane); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). 2016Ed. 2d 435 (2000), which does not, on the ground that Apprendi errors may be found harmless); Humphrey v. Cain, 120 F.3d 526, 529 (5th Cir. 1997) (Sullivan rule applies retroactively because a structural error makes verdict fundamentally unreliable), vacated in part on other grounds on reh’g, 138 F.3d 552, 553 (5th Cir. 1998) (en banc); Harmon v. Marshall, 69 F.3d 963, 967 (9th Cir. 1995); Adams v. Aiken, 41 F.3d 175, 178-79 (4th Cir. 1994). | 2 | 2 |
State v. Powellgreen1 sentence2018Powell, 166 Wn.2d at 87 (Stephens, J., concurring) (review is allowed where the basis for an objection, although not specifically stated, is readily apparent from the circumstances). 11 Instead of pointing this court to specific evidence, Mr. Sullivan’s brief includes general complaints followed by long string citations: “(Vol 2, RP 279, 389, 435-439, 443, 446, 448, 450-456, 459-461, 465-66, 480, 484, 491-492, 501-507, 509-518, 538; Vol 4 RP 943) . . . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. W.R.
green
2 sentences2016And the error recognized in WR., 181 Wn.2d 757 is not structural. 5 This is because a holding on legislative intent always applies retroactively: "A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision giving rise to that construction." Rivers v. Roadway Express, Inc., 511 U.S. 298, 312-13 , 114 S. Ct. 1510 , 128 L. 2016And the error recognized in W.R., 181 Wn.2d 757 , is not structural. | 2 | 2016–2016 |
Neder v. United States
green
2 sentences2005The Neder Court rejected the argument that Sullivan's analysis "applies with equal force where the constitutional error, as here, prevents the jury from rendering a `complete verdict' on every element of the offense." 527 U.S. at 11 , 119 S.Ct. 1827 . 2005The Neder Court rejected the argument that Sullivan’s analysis “applies with equal force where the constitutional error, as here, prevents the jury from rendering a ‘complete verdict’ on every element of the offense.” 527 U.S. at 11 . | 2 | 2005–2005 |
In Re the Personal Restraint of Richardson
green
2 sentences2003Richardson, 100 Wash.2d at 675 , 675 P.2d 209 . [9] In Sullivan, the United States Supreme Court found that the trial attorney's tactical decision to rest Sullivan's defense was a reasonable response to the weakness of the prosecutor's case rather than evidence of a conflict of interest. 446 U.S. at 347-48 , 100 S.Ct. 1708 . 2003Richardson, 100 Wn.2d at 675 . 9 In Sullivan, the United States Supreme Court found that the trial attorney’s tactical decision to rest Sullivan’s defense was a reasonable response to the weakness of the prosecutor’s case rather than evidence of a conflict of interest. 446 U.S. at 347-48 . | 2 | 2003–2003 |
Mickens v. Taylor
green
2 sentences2003An `actual conflict,' for Sixth Amendment purposes, is a conflict of interest that adversely affects counsel's performance." 535 U.S. at 172 n. 5, 122 S.Ct. 1237 . 2003An ‘actual conflict,’ for Sixth Amendment purposes, is a conflict of interest that adversely affects counsel’s performance.” 535 U.S. at 172 n.5. | 2 | 2003–2003 |
Cuyler v. Sullivan
green
2 sentences2003Richardson, 100 Wash.2d at 675 , 675 P.2d 209 . [9] In Sullivan, the United States Supreme Court found that the trial attorney's tactical decision to rest Sullivan's defense was a reasonable response to the weakness of the prosecutor's case rather than evidence of a conflict of interest. 446 U.S. at 347-48 , 100 S.Ct. 1708 . 2003Richardson, 100 Wn.2d at 675 . 9 In Sullivan, the United States Supreme Court found that the trial attorney’s tactical decision to rest Sullivan’s defense was a reasonable response to the weakness of the prosecutor’s case rather than evidence of a conflict of interest. 446 U.S. at 347-48 . | 2 | 2003–2003 |
Exner v. American Medical Ass'n
green
2 sentences1989To support its application of the convincing clarity standard rather than that of simple preponderance, the court cited two Washington cases — Chase v. Daily Record, Inc., 83 Wn.2d 37 , 515 P.2d 154 (1973) and Exner v. AMA, 12 Wn. 1989To support its application of the convincing clarity standard rather than that of simple preponderance, the court cited two Washington cases — Chase v. Daily Record, Inc., 83 Wn.2d 37 , 515 P.2d 154 (1973) and Exner v. AMA, 12 Wn. | 2 | 1988–1989 |
Rosenbloom v. Metromedia, Inc.
red
2 sentences1989Ed. 2d 296 , 91 S. Ct. 1811 (1971), this state nonetheless adopted the Sullivan standard for such comments because it felt constitutionally bound to follow the Rosenbloom plurality. 1989Ed. 2d 296 , 91 S. Ct. 1811 (1971), this state nonetheless adopted the Sullivan standard for such comments because it felt constitutionally bound to follow the Rosenbloom plurality. | 2 | 1988–1989 |
Miller v. Argus Publishing Co.
green
2 sentences1989Miller v. Argus Pub'g Co., 79 Wn.2d 816 , 490 P.2d 101 (1971). 1989Miller v. Argus Pub'g Co., 79 Wn.2d 816 , 490 P.2d 101 (1971). | 2 | 1988–1989 |
Chase v. Daily Record, Inc.
green
2 sentences1989To support its application of the convincing clarity standard rather than that of simple preponderance, the court cited two Washington cases — Chase v. Daily Record, Inc., 83 Wn.2d 37 , 515 P.2d 154 (1973) and Exner v. AMA, 12 Wn. 1989To support its application of the convincing clarity standard rather than that of simple preponderance, the court cited two Washington cases — Chase v. Daily Record, Inc., 83 Wn.2d 37 , 515 P.2d 154 (1973) and Exner v. AMA, 12 Wn. | 2 | 1988–1989 |
State v. Gamble
green
1 sentence2021Because an order of our Supreme Court suspended the time requirements for filing certain motions under the Rules of Appellate Procedure, Order, No. 25700-B-611 In the Matter of the Suspension of RAP 18.8(b) and (c) in Response by Washington State Appellate Courts to the COVID-19 Public Health Emergency (Wash. Apr. 2, 2020), we grant Sullivan’s motion to file a late statement of additional grounds. 7 See, e.g., State v. Gamble, 168 Wn.2d 161, 187 , 225 P.3d 973 (2010). 19 No. 81254-8-I/20 speculation is not enough.” In re Pers. | 1 | 2021–2021 |
State v. Gamble
green
1 sentence2021Because an order of our Supreme Court suspended the time requirements for filing certain motions under the Rules of Appellate Procedure, Order, No. 25700-B-611 In the Matter of the Suspension of RAP 18.8(b) and (c) in Response by Washington State Appellate Courts to the COVID-19 Public Health Emergency (Wash. Apr. 2, 2020), we grant Sullivan’s motion to file a late statement of additional grounds. 7 See, e.g., State v. Gamble, 168 Wn.2d 161, 187 , 225 P.3d 973 (2010). 19 No. 81254-8-I/20 speculation is not enough.” In re Pers. | 1 | 2021–2021 |
State v. Salinas
green
1 sentence2021Salinas, 119 Wn.2d at 201 . | 1 | 2021–2021 |
In re the Personal Restraint of Haynes
green
1 sentence2021Restraint of Haynes, 100 Wn. | 1 | 2021–2021 |
Rivers v. Roadway Express, Inc.
green
2 sentences2016And the error recognized in WR., 181 Wn.2d 757 is not structural. 5 This is because a holding on legislative intent always applies retroactively: "A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision giving rise to that construction." Rivers v. Roadway Express, Inc., 511 U.S. 298, 312-13 , 114 S. Ct. 1510 , 128 L. 2016And the error recognized in WR., 181 Wn.2d 757 is not structural. 5 This is because a holding on legislative intent always applies retroactively: "A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision giving rise to that construction." Rivers v. Roadway Express, Inc., 511 U.S. 298, 312-13 , 114 S. Ct. 1510 , 128 L. | 1 | 2016–2016 |
Caplan v. Sullivan
green
1 sentence1997Id. | 1 | 1997–1997 |
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.