second degree instruction (Washington) · Go Syfert
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second degree instruction in Washington

9 Washington opinions name it 1 courts 1991–2025 3 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)

CaseFollowedCited
State v. Hendersongreen
wash · 1990 · cited in 2 Washington opinions naming this issue, 2001–2001
2 sentences

2001Similarly, in State v. Henderson, 114 Wn.2d 867, 869-71 , 792 P.2d 514 (1990), the Court followed its decision in Boyer and applied the invited error doctrine to bar review of petitioner’s argument that the trial court erred in adopting petitioner’s proposed attempted burglary in the second degree instruction, because the instruction failed to require proof of the specific crime or crimes actually intended during the attempted robbery. 4 In response to petitioner’s claim that constitutional error may be raised for the first time on appeal, the Court responded: “This argument misses the point,

2001Similarly, in State v. Henderson, 114 Wn.2d 867, 869-71 , 792 P.2d 514 (1990), the Court followed its decision in Boyer and applied the invited error doctrine to bar review of petitioner’s argument that the trial court erred in adopting petitioner’s proposed attempted burglary in the second degree instruction, because the instruction failed to require proof of the specific crime or crimes actually intended during the attempted robbery. 4 In response to petitioner’s claim that constitutional error may be raised for the first time on appeal, the Court responded: “This argument misses the point,

12
State v. Haywardgreen
washctapp · 2009 · cited in 1 Washington opinions naming this issue, 2021–2021
1 sentence

2021See State v. Hayward, 152 Wn.

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
State v. Kier green
wash · 2008
2 sentences

2025First, looking at the jury instructions, the Kier court noted that the “to convict” jury instruction on the robbery in the first degree count did not identify a victim, but the assault in the second degree instruction specified Ellison was the victim, so “a reasonable jury [could] conclude that the robbery instruction applied equally to Hudson or Ellison, or both.” Id. at 812 .

2025Second, proof of robbery does not require the specific identity of the victim or victims, but where “the jury heard evidence describing both Hudson and Ellison as victims of the robbery and the instruction did not specify a victim, the basis for Kier’s conviction is ambiguous.” Id.

12025–2025
State v. Lyon green
washctapp · 1999
1 sentence

2024Id.

12024–2024
State v. McKAGUE green
wash · 2011
2 sentences

2015To convict Tanzy of assault in the second degree in violation of RCW 9A.36.021(1)(a),1 the State had the burden of proving beyond a reasonable doubt that Tanzy (1) intentionally assaulted Carter and (2) recklessly caused "substantial bodily harm." See State v. McKague, 172 Wn.2d 802, 805 , 262 P.3d 1225 (2011).

2015To convict Tanzy of assault in the second degree in violation of RCW 9A.36.021(1)(a),1 the State had the burden of proving beyond a reasonable doubt that Tanzy (1) intentionally assaulted Carter and (2) recklessly caused "substantial bodily harm." See State v. McKague, 172 Wn.2d 802, 805 , 262 P.3d 1225 (2011).

12015–2015
State v. Leyda green
wash · 2006
1 sentence

2010Id. at 345, 138 P.3d 610 . ¶ 6 In August 2006, the State sentenced case I, case II, and a third case filed under a separate cause number resulting in a total term of confinement of 141 months. ¶ 7 In December 2006, the State, in King County, charged Newlun with identity theft in the second degree in violation of former RCW 9.35.020(1) and .020(3).

12010–2010
State v. Smallwood green
del · 1975
1 sentence

2001Id. at 907-08, 14 P.3d 863 (Schultheis, J., dissenting). [4] Bratz further noted that the case upon which Henderson relied as persuasive authority, State v. Smallwood, 346 A.2d 164 (Del.1975), has been so limited by the Delaware Supreme Court in Deshields v. State, 706 A.2d 502 (Del.1998).

12001–2001
Deshields v. State green
del · 1998
1 sentence

2001Id. at 907-08, 14 P.3d 863 (Schultheis, J., dissenting). [4] Bratz further noted that the case upon which Henderson relied as persuasive authority, State v. Smallwood, 346 A.2d 164 (Del.1975), has been so limited by the Delaware Supreme Court in Deshields v. State, 706 A.2d 502 (Del.1998).

12001–2001
State v. Barker green
washctapp · 2000
1 sentence

2001Id. at 907-08, 14 P.3d 863 (Schultheis, J., dissenting). [4] Bratz further noted that the case upon which Henderson relied as persuasive authority, State v. Smallwood, 346 A.2d 164 (Del.1975), has been so limited by the Delaware Supreme Court in Deshields v. State, 706 A.2d 502 (Del.1998).

12001–2001
North Carolina v. Alford green
scotus · 1970
2 sentences

1991Jackson entered a plea of guilty under North Carolina v. Alford, 400 U.S. 25 , 27 L.

1991Jackson entered a plea of guilty under North Carolina v. Alford, 400 U.S. 25 , 27 L.

11991–1991

Where else courts name it

CT 217 (1982–2025) NY 54 (1969–2025) MO 20 (1945–2020) OH 17 (1966–2025) HI 16 (1994–2026) PA 9 (1997–2024) WA 9 (1991–2025) GA 4 (1989–2012) CA 4 (1921–2021) IL 3 (2021–2024) DE 3 (1996–2003) OR 3 (1994–2020) MA 2 (1981–2018) AR 2 (1983–1985) IA 2 (1905–2018) NC 2 (1899–2000) DC 2 (1987–1998)

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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