likely standard in Washington

9 Washington opinions name it 2 courts 2015–2020 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 (3)

Case	Followed	Cited
State v. Jonesgreen wash · 2015 · cited in 6 Washington opinions naming this issue, 2015–2020 2 sentences 2020On the other hand, to show prejudice, the accused “need not prove that the outcome would have been different but must show only a ‘reasonable probability’—by less than a more likely than not standard—that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” State v. Jones, 183 Wn.2d at 339 ; State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996), overruled on other grounds by Carey v. Musladin, 549 U.S. 70 , 127 S. Ct. 649 , 166 L. 2019"A reasonable probability is a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694 ; State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015)("reasonable probability" means "by less than a more likely than not standard").	5	6
In re the Personal Restraint of Cracegreen wash · 2012 · cited in 2 Washington opinions naming this issue, 2018–2018 2 sentences 2018Restraint of Crace, 174 Wn.2d 835, 846-47 , 280 P.3d 1102 (2012)("We hold that if a personal restraint petitioner makes a successful substantially similar crime to plead guilty to a non-removable offense."). 2018Restraint of Crace, 174 Wn.2d 835, 846-47 , 280 P.3d 1102 (2012)("We hold that if a personal restraint petitioner makes a successful substantially similar crime to plead guilty to a non-removable offense.").	2	2
State v. McFarlandgreen wash · 1995 · cited in 1 Washington opinions naming this issue, 2015–2015 2 sentences 2015Ed. 2d 674 (1984); State v. Nichols, 161 Wn.2d 1, 8 , 162 P .3d 1122 (2007). 61 State v. Townsend, 142 Wn.2d 838, 843-44 , 15 P.3d 145 (2001). 62 Strickland, 466 U.S. at 689 ; State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 63 Nichols, 161 Wn.2dat8. 64 Strickland. 466 U.S. at 694 ; see also State v. Jones. 183 Wn.2d 327, 339 , 352 P.3d 776 (2015) ("'reasonable probability'" means "by less than a more likely than not standard"). 65 McFarland, 127 Wn.2d at 337 . 12 No. 71112-1/13 Larry asserts the failure to instruct on proximate cause for the manslaughter charge precluded him fro 2015Ed. 2d 674 (1984); State v. Nichols, 161 Wn.2d 1, 8 , 162 P .3d 1122 (2007). 61 State v. Townsend, 142 Wn.2d 838, 843-44 , 15 P.3d 145 (2001). 62 Strickland, 466 U.S. at 689 ; State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 63 Nichols, 161 Wn.2dat8. 64 Strickland. 466 U.S. at 694 ; see also State v. Jones. 183 Wn.2d 327, 339 , 352 P.3d 776 (2015) ("'reasonable probability'" means "by less than a more likely than not standard"). 65 McFarland, 127 Wn.2d at 337 . 12 No. 71112-1/13 Larry asserts the failure to instruct on proximate cause for the manslaughter charge precluded him fro	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 (8)

Case	Cited	Years
Strickland v. Washington green scotus · 1984 2 sentences 2019"A reasonable probability is a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694 ; State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015)("reasonable probability" means "by less than a more likely than not standard"). 2015App. 800, 824-25 , 86 P.3d 232 (2004) (defense counsel's decision not to argue same criminal conduct as to the defendant's rape and kidnapping offenses constituted ineffective assistance). 9 Nichols, 161 Wn.2dat8. 10 Strickland, 466 U.S. at 694 ; State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015) ("'reasonable probability'" means "by less than a more likely than not standard").	6	2015–2019
State v. Hendrickson green wash · 1996 2 sentences 2020On the other hand, to show prejudice, the accused “need not prove that the outcome would have been different but must show only a ‘reasonable probability’—by less than a more likely than not standard—that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” State v. Jones, 183 Wn.2d at 339 ; State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996), overruled on other grounds by Carey v. Musladin, 549 U.S. 70 , 127 S. Ct. 649 , 166 L. 2015Strickland, 466 U.S. at 694 ; Hendrickson, 129 Wn.2d at 78 .	3	2015–2020
Carey v. Musladin green scotus · 2006 2 sentences 2020On the other hand, to show prejudice, the accused “need not prove that the outcome would have been different but must show only a ‘reasonable probability’—by less than a more likely than not standard—that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” State v. Jones, 183 Wn.2d at 339 ; State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996), overruled on other grounds by Carey v. Musladin, 549 U.S. 70 , 127 S. Ct. 649 , 166 L. 2020On the other hand, to show prejudice, the accused “need not prove that the outcome would have been different but must show only a ‘reasonable probability’—by less than a more likely than not standard—that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” State v. Jones, 183 Wn.2d at 339 ; State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996), overruled on other grounds by Carey v. Musladin, 549 U.S. 70 , 127 S. Ct. 649 , 166 L.	1	2020–2020
State v. Hendrickson green wash · 1996 1 sentence 2020On the other hand, to show prejudice, the accused “need not prove that the outcome would have been different but must show only a ‘reasonable probability’—by less than a more likely than not standard—that, but for counsel’s unprofessional errors, the result of the proceedings would have been different.” State v. Jones, 183 Wn.2d at 339 ; State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P.2d 563 (1996), overruled on other grounds by Carey v. Musladin, 549 U.S. 70 , 127 S. Ct. 649 , 166 L.	1	2020–2020
State v. Townsend green wash · 2001 1 sentence 2015Ed. 2d 674 (1984); State v. Nichols, 161 Wn.2d 1, 8 , 162 P .3d 1122 (2007). 61 State v. Townsend, 142 Wn.2d 838, 843-44 , 15 P.3d 145 (2001). 62 Strickland, 466 U.S. at 689 ; State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 63 Nichols, 161 Wn.2dat8. 64 Strickland. 466 U.S. at 694 ; see also State v. Jones. 183 Wn.2d 327, 339 , 352 P.3d 776 (2015) ("'reasonable probability'" means "by less than a more likely than not standard"). 65 McFarland, 127 Wn.2d at 337 . 12 No. 71112-1/13 Larry asserts the failure to instruct on proximate cause for the manslaughter charge precluded him fro	1	2015–2015
State v. Townsend green wash · 2001 1 sentence 2015Ed. 2d 674 (1984); State v. Nichols, 161 Wn.2d 1, 8 , 162 P .3d 1122 (2007). 61 State v. Townsend, 142 Wn.2d 838, 843-44 , 15 P.3d 145 (2001). 62 Strickland, 466 U.S. at 689 ; State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 63 Nichols, 161 Wn.2dat8. 64 Strickland. 466 U.S. at 694 ; see also State v. Jones. 183 Wn.2d 327, 339 , 352 P.3d 776 (2015) ("'reasonable probability'" means "by less than a more likely than not standard"). 65 McFarland, 127 Wn.2d at 337 . 12 No. 71112-1/13 Larry asserts the failure to instruct on proximate cause for the manslaughter charge precluded him fro	1	2015–2015
State v. Nichols green wash · 2007 1 sentence 2015Ed. 2d 674 (1984); State v. Nichols, 161 Wn.2d 1, 8 , 162 P .3d 1122 (2007). 61 State v. Townsend, 142 Wn.2d 838, 843-44 , 15 P.3d 145 (2001). 62 Strickland, 466 U.S. at 689 ; State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 63 Nichols, 161 Wn.2dat8. 64 Strickland. 466 U.S. at 694 ; see also State v. Jones. 183 Wn.2d 327, 339 , 352 P.3d 776 (2015) ("'reasonable probability'" means "by less than a more likely than not standard"). 65 McFarland, 127 Wn.2d at 337 . 12 No. 71112-1/13 Larry asserts the failure to instruct on proximate cause for the manslaughter charge precluded him fro	1	2015–2015
State v. Saunders green washctapp · 2004 1 sentence 2015App. 800, 824-25 , 86 P.3d 232 (2004) (defense counsel's decision not to argue same criminal conduct as to the defendant's rape and kidnapping offenses constituted ineffective assistance). 9 Nichols, 161 Wn.2dat8. 10 Strickland, 466 U.S. at 694 ; State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015) ("'reasonable probability'" means "by less than a more likely than not standard").	1	2015–2015

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.20.021 (3)

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

PA 74 (2012–2026) FL 29 (1984–2025) OR 23 (2002–2025) WA 9 (2015–2020) CA 6 (1985–2026) IL 6 (2016–2023) MI 6 (1990–2024) NY 5 (1973–2025) NM 5 (1990–2018) MD 4 (2001–2024) TX 4 (2013–2025) CT 4 (2003–2024) MA 3 (2003–2025) ME 3 (1995–2026) AR 2 (2019–2020) DC 2 (2000–2006) OK 2 (1994–1997)

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.

← Caselaw search · G Cite Topics · Brief Check