speculative inquiry (Washington) · Go Syfert
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speculative inquiry in Washington

9 Washington opinions name it 2 courts 1911–2018 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 (1)

CaseFollowedCited
United States v. Gonzalez-Lopezgreen
scotus · 2006 · cited in 5 Washington opinions naming this issue, 2014–2018
2 sentences

2018Therefore, "[h]armless-error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe." Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 . ¶431 Our precedent is also correct that public trial violations are properly classified as structural error, even though "in some cases an unlawful closure might take place and yet the trial still will be fundamentally fair from the defendant's standpoint." Weaver v. Massachusetts, 582 U.S. ----, 137 S.Ct. 1899 , 1910, 198 L.Ed. 2d 420 (2017).

2018Therefore, "[h]armless-error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe." Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 . ¶431 Our precedent is also correct that public trial violations are properly classified as structural error, even though "in some cases an unlawful closure might take place and yet the trial still will be fundamentally fair from the defendant's standpoint." Weaver v. Massachusetts, 582 U.S. ----, 137 S.Ct. 1899 , 1910, 198 L.Ed. 2d 420 (2017).

25

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 (7)

CaseCitedYears
Weaver v. Massachusetts green
scotus · 2017
2 sentences

2018Therefore, "[h]armless-error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe." Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 . ¶431 Our precedent is also correct that public trial violations are properly classified as structural error, even though "in some cases an unlawful closure might take place and yet the trial still will be fundamentally fair from the defendant's standpoint." Weaver v. Massachusetts, 582 U.S. ----, 137 S.Ct. 1899 , 1910, 198 L.Ed. 2d 420 (2017).

2018Therefore, "[h]armless-error analysis in such a context would be a speculative inquiry into what might have occurred in an alternate universe." Gonzalez-Lopez, 548 U.S. at 150 , 126 S.Ct. 2557 . ¶431 Our precedent is also correct that public trial violations are properly classified as structural error, even though "in some cases an unlawful closure might take place and yet the trial still will be fundamentally fair from the defendant's standpoint." Weaver v. Massachusetts, 582 U.S. ----, 137 S.Ct. 1899 , 1910, 198 L.Ed. 2d 420 (2017).

32015–2018
State v. Hilton green
washctapp · 2011
2 sentences

2011Whereas the inevitable discovery doctrine requires a speculative analysis of whether the police would have ultimately obtained the same evidence by other lawful means, the independent source exception contains no similar speculative considerations. *259 Hilton, 164 Wash.App. at 91-92 , 261 P.3d 683 .

2011Whereas the inevitable discovery doctrine requires a speculative analysis of whether the police would have ultimately obtained the same evidence by other lawful means, the independent source exception contains no similar speculative considerations. *259 Hilton, 164 Wash.App. at 91-92 , 261 P.3d 683 .

22011–2011
Sullivan v. Louisiana green
scotus · 1993
2 sentences

2014Gonzalez-Lopez, 548 U.S. at 150 (citation omitted) (quoting Sullivan v. Louisiana, 508 U.S. 275, 282 , 113 S. Ct. 2078 , 124 L.

2014Gonzalez-Lopez, 548 U.S. at 150 (citation omitted) (quoting Sullivan v. Louisiana, 508 U.S. 275, 282 , 113 S. Ct. 2078 , 124 L.

12014–2014
State v. Tamalini green
wash · 1998
1 sentence

2014Gonzalez-Lopez. 548 U.S. at 150 (citation omitted). -21 - No. 69601-7-1/22 (2014) (citing State v. Tamalini. 134 Wn.2d 725, 731 , 953 P.2d 450 (1998)).

12014–2014
State v. Tamalini green
wash · 1998
1 sentence

2014Gonzalez-Lopez. 548 U.S. at 150 (citation omitted). -21 - No. 69601-7-1/22 (2014) (citing State v. Tamalini. 134 Wn.2d 725, 731 , 953 P.2d 450 (1998)).

12014–2014
George T. C. Lollar v. United States green
cadc · 1967
1 sentence

1973Concededly, in judging the effectiveness of counsel we must indulge in some sort of speculation as we see only the “tip of the iceberg” in the record before us. hollar v. United States, 376 F.2d 243 (D.C.

11973–1973
Jamieson & McFarland v. Heim green
wash · 1906
2 sentences

1911Although he may have been negligent in talcing the paper, and omitted precautions which a prudent man would have taken, nevertheless, unless he acted mala fide, his title will prevail.” In Jamieson & McFarland v. Heim, 43 Wash. 153 , 86 Pac. 165 , we held that fraud in the inception of a negotiable instrument will not invalidate it in the hands of an innocent holder in due course.

1911Although he may have been negligent in talcing the paper, and omitted precautions which a prudent man would have taken, nevertheless, unless he acted mala fide, his title will prevail.” In Jamieson & McFarland v. Heim, 43 Wash. 153 , 86 Pac. 165 , we held that fraud in the inception of a negotiable instrument will not invalidate it in the hands of an innocent holder in due course.

11911–1911

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.44.050 (4) WA § Wash. Rev. Code § 10.95.020 (3) WA § Wash. Rev. Code § 10.95.030 (3) WA § Wash. Rev. Code § 9A.32.030 (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

CA 34 (1984–2025) NY 15 (1955–2026) PA 13 (1915–2025) TX 12 (1984–2025) OH 10 (1993–2023) WA 9 (1911–2018) CO 9 (1944–2026) MS 7 (1988–2022) MA 7 (2005–2025) IA 5 (2011–2025) VA 4 (1998–2026) AL 4 (1956–2026) CT 4 (1987–2015) FL 4 (1986–2025) KS 4 (1909–2026) IL 3 (2022–2025) AZ 3 (2004–2017) KY 2 (2010–2019) NM 2 (2014–2014) MO 2 (2014–2014) GA 2 (2015–2021) MI 2 (1994–2015) NV 2 (1995–2011) LA 2 (1978–2012) OK 2 (2017–2017)

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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