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9 Washington opinions name it 2 courts 2002–2017 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.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in Washington. | ||
| Case | Negative | Cited |
|---|---|---|
Neder v. United Statesgreen2 sentences2002But see Neder v. U.S., 527 U.S. 1, 10 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (omission of an element from a jury instruction is subject to harmless error analysis); State v. Jennings, 111 Wash.App. 54 , 44 P.3d 1 (2002) (faulty jury instruction regarding display of weapon in robbery trial held to be harmless error). 2002But see Neder v. U.S., 527 U.S. 1, 10 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (omission of an element from a jury instruction is subject to harmless error analysis); State v. Jennings, 111 Wash.App. 54 , 44 P.3d 1 (2002) (faulty jury instruction regarding display of weapon in robbery trial held to be harmless error). | 2 | 6 |
State v. Jenningsgreen2 sentences2002But see Neder v. U.S., 527 U.S. 1, 10 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (omission of an element from a jury instruction is subject to harmless error analysis); State v. Jennings, 111 Wash.App. 54 , 44 P.3d 1 (2002) (faulty jury instruction regarding display of weapon in robbery trial held to be harmless error). 2002But see Neder v. United States, 527 U.S. 1, 10 , 119 S. Ct. 1827 , 144 L. Ed. 2d 35 (1999) (omission of an element from a jury instruction is subject to harmless error analysis); State v. Jennings, 111 Wn. App. 54 , 44 P.3d 1 (2002) (faulty jury instruction regarding display of weapon in robbery trial held to be harmless error). | 2 | 4 |
State v. Jenningsgreen2 sentences2002But see Neder v. U.S., 527 U.S. 1, 10 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999) (omission of an element from a jury instruction is subject to harmless error analysis); State v. Jennings, 111 Wash.App. 54 , 44 P.3d 1 (2002) (faulty jury instruction regarding display of weapon in robbery trial held to be harmless error). 2002But see Neder v. United States, 527 U.S. 1, 10 , 119 S. Ct. 1827 , 144 L. Ed. 2d 35 (1999) (omission of an element from a jury instruction is subject to harmless error analysis); State v. Jennings, 111 Wn. App. 54 , 44 P.3d 1 (2002) (faulty jury instruction regarding display of weapon in robbery trial held to be harmless error). | 2 | 3 |
| Case | Cited | Years |
|---|---|---|
State v. Smith
green
2 sentences2010State v. Smith, 131 Wn.2d 258, 263 , 930 P.2d 917 (1997) (the to-convict instruction must contain all of the elements of the crime, because it serves as the yardstick by which the jury measures the evidence to determine guilt or innocence). 2010State v. Smith, 131 Wn.2d 258, 263 , 930 P.2d 917 (1997) (the to-convict instruction must contain all of the elements of the crime, because it serves as the yardstick by which the jury measures the evidence to determine guilt or innocence). | 2 | 2010–2010 |
State v. Brown
green
1 sentence2017Id. 13 No. 75121-2-1/14 The State concedes that the error was not harmless as to count two.2 It asserts this is so, because Clark argued that his failure to register was due to a mistake in writing his mother's address. | 1 | 2017–2017 |
Arizona v. Fulminante
green
2 sentences2010It is an error "`affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself,'" "`necessarily render[ing] a trial fundamentally unfair.'" Neder, 527 U.S. at 8 , 119 S.Ct. 1827 (quoting Arizona v. Fulminante, 499 U.S. 279, 310 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) and Rose v. Clark, 478 U.S. 570, 577 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986)). ¶ 41 The United States Supreme Court has held that omitting an element from a jury instruction is subject to a harmless error analysis. 2010It is an error "`affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself,'" "`necessarily render[ing] a trial fundamentally unfair.'" Neder, 527 U.S. at 8 , 119 S.Ct. 1827 (quoting Arizona v. Fulminante, 499 U.S. 279, 310 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) and Rose v. Clark, 478 U.S. 570, 577 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986)). ¶ 41 The United States Supreme Court has held that omitting an element from a jury instruction is subject to a harmless error analysis. | 1 | 2010–2010 |
Rose v. Clark
red
2 sentences2010It is an error "`affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself,'" "`necessarily render[ing] a trial fundamentally unfair.'" Neder, 527 U.S. at 8 , 119 S.Ct. 1827 (quoting Arizona v. Fulminante, 499 U.S. 279, 310 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) and Rose v. Clark, 478 U.S. 570, 577 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986)). ¶ 41 The United States Supreme Court has held that omitting an element from a jury instruction is subject to a harmless error analysis. 2010It is an error "`affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself,'" "`necessarily render[ing] a trial fundamentally unfair.'" Neder, 527 U.S. at 8 , 119 S.Ct. 1827 (quoting Arizona v. Fulminante, 499 U.S. 279, 310 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991) and Rose v. Clark, 478 U.S. 570, 577 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986)). ¶ 41 The United States Supreme Court has held that omitting an element from a jury instruction is subject to a harmless error analysis. | 1 | 2010–2010 |
State v. Anderson
green
1 sentence2002Thus, we find it unnecessary to discuss invited error here. [7] Gallagher asserts the syringe was inadmissible propensity evidence, which violated ER 404(b) because its admission was "tantamount to arguing that since Gallagher was a drug user ... he was more likely to have committed the crime of drug manufacturing ." Appellant's Brief at 16. [8] The applicable sentencing statute specifically mandates a one-year period of community placement as part of the sentence: "[T]he court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement | 1 | 2002–2002 |
State v. Roberts
green
2 sentences2002Thus, we find it unnecessary to discuss invited error here. [7] Gallagher asserts the syringe was inadmissible propensity evidence, which violated ER 404(b) because its admission was "tantamount to arguing that since Gallagher was a drug user ... he was more likely to have committed the crime of drug manufacturing ." Appellant's Brief at 16. [8] The applicable sentencing statute specifically mandates a one-year period of community placement as part of the sentence: "[T]he court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement 2002Thus, we find it unnecessary to discuss invited error here. [7] Gallagher asserts the syringe was inadmissible propensity evidence, which violated ER 404(b) because its admission was "tantamount to arguing that since Gallagher was a drug user ... he was more likely to have committed the crime of drug manufacturing ." Appellant's Brief at 16. [8] The applicable sentencing statute specifically mandates a one-year period of community placement as part of the sentence: "[T]he court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement | 1 | 2002–2002 |
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.
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.