furtherance test in Washington

9 Washington opinions name it 2 courts 1994–2020 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.

Followed or applied (2)

Case	Followed	Cited
State v. Vikegreen wash · 1994 · cited in 5 Washington opinions naming this issue, 1997–2019 2 sentences 2000Additionally, this court has stated that “the furtherance test lends itself to sequentially committed crimes, [but i]ts application to crimes occurring literally at the same time is limited.” State v. Vike, 125 Wn.2d 407, 412 , 885 P.2d 824 (1994). 2000Additionally, this court has stated that “the furtherance test lends itself to sequentially committed crimes, [but i]ts application to crimes occurring literally at the same time is limited.” State v. Vike, 125 Wn.2d 407, 412 , 885 P.2d 824 (1994).	1	5
State v. Browngreen wash · 1997 · cited in 1 Washington opinions naming this issue, 2020–2020 1 sentence 2020See Brown, 132 Wn.2d at 610 ; see also Song Wang, 5 Wn. App. 2d at 19.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
State v. Collicott green wash · 1992 2 sentences 1996In the second review, this court rejected its prior holding in State v. Collicott, 112 Wash.2d 399 , 771 P.2d 1137 (1989) ( Collicott I ) regarding "same criminal conduct." Without even mentioning "law of the case doctrine," or analyzing whether its first ruling in Collicott I was "clearly erroneous," this court abandoned its "element sharing" analysis set out in Collicott I and decided to apply the furtherance test to determine "same criminal conduct." Collicott II, 118 Wash.2d at 668 , 827 P.2d 263 . 1996In the second review, this court rejected its prior holding in State v. Collicott, 112 Wn.2d 399 , 771 P.2d 1137 (1989) (Collicott I) regarding "same criminal conduct.” Without even mentioning "law of the case doctrine,” or analyzing whether its first ruling in Collicott I was "clearly erroneous,” this court abandoned its "element sharing” analysis set out in Collicott I and decided to apply the furtherance test to determine "same criminal conduct.” Collicott II, 118 Wn.2d at 668 .	3	1996–2019
State v. Dunaway green wash · 1988 2 sentences 2019State v. Vike, 125 Wn.2d at 411 (1994); State v. Collicott, 118 Wn.2d 649, 668-69 , 827 P.2d 263 (1992); State v. Dunaway, 109 Wn.2d 207 (1987); State v. Rattana Keo Phuong, 174 Wn. App. 494 (2013); State v. Taylor, 90 Wn. App. 312 , 950 P.2d 526 (1998); State v. Boze, 47 Wn. App. 477 , 735 P.2d 696 (1987); State v. Edwards, 45 Wn. App. 378 , 725 P.2d 442 (1986), overruled on other grounds by State v. Dunaway, 109 Wn.2d 207 (1987). 6. 2019State v. Vike, 125 Wn.2d at 411 (1994); State v. Collicott, 118 Wn.2d 649, 668-69 , 827 P.2d 263 (1992); State v. Dunaway, 109 Wn.2d 207 (1987); State v. Rattana Keo Phuong, 174 Wn. App. 494 (2013); State v. Taylor, 90 Wn. App. 312 , 950 P.2d 526 (1998); State v. Boze, 47 Wn. App. 477 , 735 P.2d 696 (1987); State v. Edwards, 45 Wn. App. 378 , 725 P.2d 442 (1986), overruled on other grounds by State v. Dunaway, 109 Wn.2d 207 (1987). 6.	2	1996–2019
State v. Collicott green wash · 1989 2 sentences 1996In the second review, this court rejected its prior holding in State v. Collicott, 112 Wn.2d 399 , 771 P.2d 1137 (1989) (Collicott I) regarding "same criminal conduct.” Without even mentioning "law of the case doctrine,” or analyzing whether its first ruling in Collicott I was "clearly erroneous,” this court abandoned its "element sharing” analysis set out in Collicott I and decided to apply the furtherance test to determine "same criminal conduct.” Collicott II, 118 Wn.2d at 668 . 1996In the second review, this court rejected its prior holding in State v. Collicott, 112 Wn.2d 399 , 771 P.2d 1137 (1989) (Collicott I) regarding "same criminal conduct.” Without even mentioning "law of the case doctrine,” or analyzing whether its first ruling in Collicott I was "clearly erroneous,” this court abandoned its "element sharing” analysis set out in Collicott I and decided to apply the furtherance test to determine "same criminal conduct.” Collicott II, 118 Wn.2d at 668 .	2	1996–1996
State v. Taylor green washctapp · 1998 2 sentences 2019We previously outlined the facts in State v. Taylor, 90 Wn. App. 312 (1998), wherein the court applied the furtherance test. 2019State v. Taylor, 90 Wn. App. 312 (1998) also illustrates the furtherance test.	1	2019–2019
State v. Freeman green washctapp · 2003 2 sentences 2019In State v. Freeman, 118 Wn. App. 365 , 76 P.3d 732 (2003), aff'd, 153 Wn.2d 765 , 108 P.3d 753 (2005), a jury found Michael Freeman guilty of assault and robbery. 2019In State v. Freeman, 118 Wn. App. 365 , 76 P.3d 732 (2003), aff'd, 153 Wn.2d 765 , 108 P.3d 753 (2005), a jury found Michael Freeman guilty of assault and robbery.	1	2019–2019
State v. Lessley green wash · 1992 1 sentence 2019State v. Lessley, 118 Wn.2d 773 (1992) also diverges from State v. Edwards and State v. Taylor.	1	2019–2019
State v. Boze green washctapp · 1987 2 sentences 2019State v. Vike, 125 Wn.2d at 411 (1994); State v. Collicott, 118 Wn.2d 649, 668-69 , 827 P.2d 263 (1992); State v. Dunaway, 109 Wn.2d 207 (1987); State v. Rattana Keo Phuong, 174 Wn. App. 494 (2013); State v. Taylor, 90 Wn. App. 312 , 950 P.2d 526 (1998); State v. Boze, 47 Wn. App. 477 , 735 P.2d 696 (1987); State v. Edwards, 45 Wn. App. 378 , 725 P.2d 442 (1986), overruled on other grounds by State v. Dunaway, 109 Wn.2d 207 (1987). 6. 2019State v. Vike, 125 Wn.2d at 411 (1994); State v. Collicott, 118 Wn.2d 649, 668-69 , 827 P.2d 263 (1992); State v. Dunaway, 109 Wn.2d 207 (1987); State v. Rattana Keo Phuong, 174 Wn. App. 494 (2013); State v. Taylor, 90 Wn. App. 312 , 950 P.2d 526 (1998); State v. Boze, 47 Wn. App. 477 , 735 P.2d 696 (1987); State v. Edwards, 45 Wn. App. 378 , 725 P.2d 442 (1986), overruled on other grounds by State v. Dunaway, 109 Wn.2d 207 (1987). 6.	1	2019–2019
State v. Edwards red washctapp · 1986 2 sentences 2019State v. Vike, 125 Wn.2d at 411 (1994); State v. Collicott, 118 Wn.2d 649, 668-69 , 827 P.2d 263 (1992); State v. Dunaway, 109 Wn.2d 207 (1987); State v. Rattana Keo Phuong, 174 Wn. App. 494 (2013); State v. Taylor, 90 Wn. App. 312 , 950 P.2d 526 (1998); State v. Boze, 47 Wn. App. 477 , 735 P.2d 696 (1987); State v. Edwards, 45 Wn. App. 378 , 725 P.2d 442 (1986), overruled on other grounds by State v. Dunaway, 109 Wn.2d 207 (1987). 6. 2019State v. Vike, 125 Wn.2d at 411 (1994); State v. Collicott, 118 Wn.2d 649, 668-69 , 827 P.2d 263 (1992); State v. Dunaway, 109 Wn.2d 207 (1987); State v. Rattana Keo Phuong, 174 Wn. App. 494 (2013); State v. Taylor, 90 Wn. App. 312 , 950 P.2d 526 (1998); State v. Boze, 47 Wn. App. 477 , 735 P.2d 696 (1987); State v. Edwards, 45 Wn. App. 378 , 725 P.2d 442 (1986), overruled on other grounds by State v. Dunaway, 109 Wn.2d 207 (1987). 6.	1	2019–2019
State v. Freeman green wash · 2005 2 sentences 2019In State v. Freeman, 118 Wn. App. 365 , 76 P.3d 732 (2003), aff'd, 153 Wn.2d 765 , 108 P.3d 753 (2005), a jury found Michael Freeman guilty of assault and robbery. 2019In State v. Freeman, 118 Wn. App. 365 , 76 P.3d 732 (2003), aff'd, 153 Wn.2d 765 , 108 P.3d 753 (2005), a jury found Michael Freeman guilty of assault and robbery.	1	2019–2019
State v. Rattana Keo Phuong green washctapp · 2013 1 sentence 2019State v. Vike, 125 Wn.2d at 411 (1994); State v. Collicott, 118 Wn.2d 649, 668-69 , 827 P.2d 263 (1992); State v. Dunaway, 109 Wn.2d 207 (1987); State v. Rattana Keo Phuong, 174 Wn. App. 494 (2013); State v. Taylor, 90 Wn. App. 312 , 950 P.2d 526 (1998); State v. Boze, 47 Wn. App. 477 , 735 P.2d 696 (1987); State v. Edwards, 45 Wn. App. 378 , 725 P.2d 442 (1986), overruled on other grounds by State v. Dunaway, 109 Wn.2d 207 (1987). 6.	1	2019–2019
State v. Kloepper green washctapp · 2014 1 sentence 2019In State v. Kloepper, 179 Wn. App. 343 (2014), this court found that some facts did not support application of the furtherance test.	1	2019–2019
State v. Garza-Villarreal green wash · 1993 1 sentence 1994In addition, while the furtherance test developed in Dun-away and progeny could be applied to the facts in Garza-Villarreal, 123 Wn. 2d at 49 , it is difficult to apply this test to the facts in a simple possession case.	1	1994–1994

Statutes the citing opinions construe

WA § Wash. Rev. Code § 69.50.401 (4)

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 9 (1994–2020) KY 2 (2008–2008) MD 2 (1962–2012) SC 2 (1968–2014)

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.

← Caselaw search · G Cite Topics · Brief Check

Your account

Appearance