baseline rule (Washington) · Go Syfert
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baseline rule in Washington

9 Washington opinions name it 2 courts 2012–2024 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 (3)

CaseFollowedCited
State v. Gaultgreen
conn · 2012 · cited in 1 Washington opinions naming this issue, 2019–2019
1 sentence

2019Thus, the baseline rule is that crime victims, as non-parties, may not appeal a defendant’s criminal sentence.” (citation omitted)); State v. Gault, 39 A.3d 1105, 1113-14 (Conn. ~ Our courts have also allowed limited intervention by nonparties in criminal matters to challenge trial court orders sealing records. ~ Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775, 801 , 246 P.3d 768 (2011), overruling State v. Bianchi, 92 Wn.2d 91 , 593 P.2d 1330 (1979).

11
Wheat v. United Statesgreen
scotus · 1988 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015See Wheat. 486 U.S. at 159 .

11
Dubke v. Kassagreen
wash · 1947 · cited in 1 Washington opinions naming this issue, 2012–2012
2 sentences

2012The trial court properly determined in response to the first round of cross motions for summary judgment that Mr. Kofmehl asserted a valid affirmative defense to Baseline’s claim for specific performance. ¶24 Nonetheless, Washington law is well settled that “ ‘a vendee under an agreement for the sale and purchase of property which does not satisfy the statute of frauds, cannot recover payments made upon the purchase price if the vendor has not repudiated the contract but is ready, willing, and able to perform in accordance therewith, even though the contract is not enforceable against the vend

2012The trial court properly determined in response to the first round of cross motions for summary judgment that Mr. Kofmehl asserted a valid affirmative defense to Baseline’s claim for specific performance. ¶24 Nonetheless, Washington law is well settled that “ ‘a vendee under an agreement for the sale and purchase of property which does not satisfy the statute of frauds, cannot recover payments made upon the purchase price if the vendor has not repudiated the contract but is ready, willing, and able to perform in accordance therewith, even though the contract is not enforceable against the vend

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 (8)

CaseCitedYears
United States v. Gonzalez-Lopez green
scotus · 2006
2 sentences

2015Gonzalez-Lopez. 548 U.S. at 148 .

2015Gonzalez-Lopez, 548 U.S. at 148 .

52014–2015
Eisen v. Carlisle & Jacquelin green
scotus · 1974
1 sentence

2024Eisen, 417 U.S. at 173 .

12024–2024
State v. Bianchi green
wash · 1979
2 sentences

2019Thus, the baseline rule is that crime victims, as non-parties, may not appeal a defendant’s criminal sentence.” (citation omitted)); State v. Gault, 39 A.3d 1105, 1113-14 (Conn. ~ Our courts have also allowed limited intervention by nonparties in criminal matters to challenge trial court orders sealing records. ~ Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775, 801 , 246 P.3d 768 (2011), overruling State v. Bianchi, 92 Wn.2d 91 , 593 P.2d 1330 (1979).

2019Thus, the baseline rule is that crime victims, as non-parties, may not appeal a defendant’s criminal sentence.” (citation omitted)); State v. Gault, 39 A.3d 1105, 1113-14 (Conn. ~ Our courts have also allowed limited intervention by nonparties in criminal matters to challenge trial court orders sealing records. ~ Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775, 801 , 246 P.3d 768 (2011), overruling State v. Bianchi, 92 Wn.2d 91 , 593 P.2d 1330 (1979).

12019–2019
Yakima County v. Yakima Herald-Republic green
wash · 2011
2 sentences

2019Thus, the baseline rule is that crime victims, as non-parties, may not appeal a defendant’s criminal sentence.” (citation omitted)); State v. Gault, 39 A.3d 1105, 1113-14 (Conn. ~ Our courts have also allowed limited intervention by nonparties in criminal matters to challenge trial court orders sealing records. ~ Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775, 801 , 246 P.3d 768 (2011), overruling State v. Bianchi, 92 Wn.2d 91 , 593 P.2d 1330 (1979).

2019In Herald-Republic, the court determined that such intervention by a nonparty under GR 15(e) for the purpose of moving to unseal court records may occur only “after the criminal trial is completed or the defendant has pleaded guilty.” 170 Wn.2d at 801 n.1 1. 10 No. 77627-4-Ill 1 2012) (dismissing victim’s appeal to enforce rights afforded under state’s constitutional crime victims’ rights amendment because only the State and the accused are parties to a criminal action).

12019–2019
Yakima v. Yakima Herald-Republic green
wash · 2011
1 sentence

2019Thus, the baseline rule is that crime victims, as non-parties, may not appeal a defendant’s criminal sentence.” (citation omitted)); State v. Gault, 39 A.3d 1105, 1113-14 (Conn. ~ Our courts have also allowed limited intervention by nonparties in criminal matters to challenge trial court orders sealing records. ~ Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775, 801 , 246 P.3d 768 (2011), overruling State v. Bianchi, 92 Wn.2d 91 , 593 P.2d 1330 (1979).

12019–2019
State v. Anderson green
washctapp · 2009
1 sentence

2017In Anderson, this court explained that, because the baseline presumption is a defendant’s innocence, an implication that the jury has an initial affirmative duty to convict is improper. 153 Wn.

12017–2017
Schweiter v. Halsey green
wash · 1961
2 sentences

2012The trial court properly determined in response to the first round of cross motions for summary judgment that Mr. Kofmehl asserted a valid affirmative defense to Baseline’s claim for specific performance. ¶24 Nonetheless, Washington law is well settled that “ ‘a vendee under an agreement for the sale and purchase of property which does not satisfy the statute of frauds, cannot recover payments made upon the purchase price if the vendor has not repudiated the contract but is ready, willing, and able to perform in accordance therewith, even though the contract is not enforceable against the vend

2012The trial court properly determined in response to the first round of cross motions for summary judgment that Mr. Kofmehl asserted a valid affirmative defense to Baseline’s claim for specific performance. ¶24 Nonetheless, Washington law is well settled that “ ‘a vendee under an agreement for the sale and purchase of property which does not satisfy the statute of frauds, cannot recover payments made upon the purchase price if the vendor has not repudiated the contract but is ready, willing, and able to perform in accordance therewith, even though the contract is not enforceable against the vend

12012–2012
Home Realty Lynnwood, Inc. v. Walsh green
washctapp · 2008
1 sentence

2012Washington courts have “consistently denied” recovery of earnest money paid under such circumstances, “in accord with the great weight of authority.” Id. at 712; Home Realty, 146 Wn.

12012–2012

Where else courts name it

CA 29 (1983–2026) WA 9 (2012–2024) MA 7 (1999–2024) TX 6 (2013–2017) LA 6 (2009–2023) CO 4 (2003–2026) IL 4 (2012–2021) DE 3 (2015–2022) PA 3 (1998–2017) NJ 3 (2002–2019) CT 3 (2014–2018) IN 3 (2002–2024) IA 2 (2018–2019) MO 2 (2009–2021) OR 2 (2010–2016) DC 2 (2012–2022) GA 2 (2005–2007) MD 2 (2022–2022) OH 2 (2012–2024) ID 2 (2000–2003) NH 2 (2008–2009)

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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