Sullivan standard (Washington) · Go Syfert
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Sullivan standard in Washington

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.

Followed or applied (5)

CaseFollowedCited
Sylvester Lewis Adams v. James Aiken, Warden, Central Correctional Institutiongreen
ca4 · 1994 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

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 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).

22
cluster 707564green
ca9 · 1995 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

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 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).

22
Elmo Humphrey, III v. Burl Cain, Acting Warden, Louisiana State Penitentiarygreen
ca5 · 1997 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

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 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).

22
Elmo Humphrey, III v. Burl Cain, Warden, Louisiana State Penitentiarygreen
ca5 · 1998 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

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 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).

22
State v. Powellgreen
wash · 2009 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018Powell, 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) . . .

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 (15)

CaseCitedYears
State v. W.R. green
wash · 2014
2 sentences

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.

2016And the error recognized in W.R., 181 Wn.2d 757 , is not structural.

22016–2016
Neder v. United States green
scotus · 1999
2 sentences

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 , 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 .

22005–2005
In Re the Personal Restraint of Richardson green
wash · 1983
2 sentences

2003Richardson, 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 .

22003–2003
Mickens v. Taylor green
scotus · 2002
2 sentences

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, 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.

22003–2003
Cuyler v. Sullivan green
scotus · 1980
2 sentences

2003Richardson, 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 .

22003–2003
Exner v. American Medical Ass'n green
washctapp · 1974
2 sentences

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.

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.

21988–1989
Rosenbloom v. Metromedia, Inc. red
scotus · 1971
2 sentences

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.

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.

21988–1989
Miller v. Argus Publishing Co. green
wash · 1971
2 sentences

1989Miller 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).

21988–1989
Chase v. Daily Record, Inc. green
wash · 1973
2 sentences

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.

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.

21988–1989
State v. Gamble green
wash · 2010
1 sentence

2021Because 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.

12021–2021
State v. Gamble green
wash · 2010
1 sentence

2021Because 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.

12021–2021
State v. Salinas green
wash · 1992
1 sentence

2021Salinas, 119 Wn.2d at 201 .

12021–2021
In re the Personal Restraint of Haynes green
washctapp · 2000
1 sentence

2021Restraint of Haynes, 100 Wn.

12021–2021
Rivers v. Roadway Express, Inc. green
scotus · 1994
2 sentences

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.

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.

12016–2016
Caplan v. Sullivan green
washctapp · 1984
1 sentence

1997Id.

11997–1997

Where else courts name it

WI 87 (1998–2026) CA 25 (1971–2025) LA 23 (1984–2019) TX 19 (1982–2026) IN 15 (1981–2020) WA 11 (1988–2021) NY 10 (1966–2026) PA 9 (1984–2020) NC 8 (1983–2025) MS 7 (1984–2026) GA 7 (1991–2026) MA 7 (1971–2008) MI 6 (1985–2020) AL 6 (1979–2006) ME 6 (1993–2019) CT 6 (1994–2022) OH 5 (1984–2017) MD 5 (1987–2020) IL 5 (1981–2025) FL 5 (1968–2007) SC 5 (1967–2018) DC 5 (1994–2019) CO 5 (2015–2019) TN 4 (2007–2024) UT 4 (1987–2022) KS 4 (2004–2013) IA 3 (2002–2022) ID 3 (1995–2014) DE 3 (1968–2021) VA 3 (2012–2025) KY 2 (1981–2017) SD 2 (1985–2003) WV 2 (1986–2022) AR 2 (2004–2026) MO 2 (1972–1980) AK 2 (1966–1985) NV 2 (1975–2013)

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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