failure to request instruction in Washington

2026“Where the claim of ineffective assistance is based upon counsel’s failure to request a particular jury instruction, the defendant must show he was entitled to the instruction, counsel’s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice.” State v. Thompson, 169 Wn.

2026To establish ineffective assistance of counsel based on “counsel’s failure to request a particular jury instruction, the defendant must show [they were] entitled to the instruction, counsel’s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice.” State v. Thompson, 169 Wn.

2021App. 436, 495 , 290 P.3d 996 (2012) (citing State v. Johnston, 143 Wn.

2021State v. Johnston, 143 Wn.

2023App. 2d 520 , 539-40, 422 P.3d 489 (2018).

2021App. 2d 520 , 539-40, 422 P.3d 489 (2018).

2010Here that inaction is the failure to request an instruction on duress. ¶19 “A defendant is entitled to a jury instruction supporting his theory of the case if there is substantial evidence in the record supporting his theory.” State v. Powell, 150 Wn.

2010Here that inaction is the failure to request an instruction on duress. ¶ 19 "A defendant is entitled to a jury instruction supporting his theory of the case if there is substantial evidence in the record supporting his theory." State v. Powell, 150 Wash.App. 139, 154 , 206 P.3d 703 (2009).

2020To rebut the strong presumption that counsel’s performance was effective, “the defendant bears the burden of establishing the absence of any ‘conceivable legitimate tactic explaining counsel’s performance.’ ” State v. Grier, 171 Wn.2d 17, 42 , 246 P.3d 1260 (2011) (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). 11 No. 51589-0-II Where counsel’s failure to request a particular jury instruction is the basis for a claim of ineffective assistance, the defendant must show that he or she “was entitled to the instruction, counsel’s performance was deficient in failing to requ

2015Id. at 32- 33. " Where the claim of ineffective assistance is based upon counsel' s failure to request a particular jury instruction, the defendant must show he was entitled to the instruction, counsel' s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice." State v. Thompson, 169 Wn.

2016To establish ineffective assistance of counsel, a defendant must show both that counsel's performance was deficient and the performance prejudiced the defendant's case.12 Deficient performance is shown if counsel's conduct fell below an objective standard of reasonableness.13 To satisfy the prejudice prong, a defendant must show a "reasonable probability that, except for counsel's unprofessional errors, the result of the proceeding would have been different."14 "Where the claim of ineffective assistance is based upon counsel's failure to request a particular jury instruction, the defendant mus

2016To establish ineffective assistance of counsel, a defendant must show both that counsel's performance was deficient and the performance prejudiced the defendant's case.12 Deficient performance is shown if counsel's conduct fell below an objective standard of reasonableness.13 To satisfy the prejudice prong, a defendant must show a "reasonable probability that, except for counsel's unprofessional errors, the result of the proceeding would have been different."14 "Where the claim of ineffective assistance is based upon counsel's failure to request a particular jury instruction, the defendant mus

2011Moore, 167 Wn.2d at 122 . f 61 In sum, Mr. Coe shows neither defective performance nor prejudice.

2011Moore, 167 Wash.2d at 122 , 216 P.3d 1015 . ¶ 61 In sum, Mr. Coe shows neither defective performance nor prejudice.

2010App. 139, 154 , 206 P.3d 703 (2009).

2010Here that inaction is the failure to request an instruction on duress. ¶ 19 "A defendant is entitled to a jury instruction supporting his theory of the case if there is substantial evidence in the record supporting his theory." State v. Powell, 150 Wash.App. 139, 154 , 206 P.3d 703 (2009).

2008Id. (8) Jury Instructions ¶ 60 In order to find that Mr. Johnston received ineffective assistance of counsel based on the failure of trial counsel to request a jury instruction, this court must find that Mr. Johnston was entitled to the instruction, that counsel's performance was deficient in failing to request the instruction, and that the failure to request the instruction prejudiced Mr. Johnston.

2007Id. (8) Jury Instructions f60 In order to find that Mr. Johnston received ineffective assistance of counsel based on the failure of trial counsel to request a jury instruction, this court must find that Mr. Johnston was entitled to the instruction, that counsel’s performance was deficient in failing to request the instruction, and that the failure to request the instruction prejudiced Mr. Johnston.

2001Cienfuegos relies upon State v. Thomas, 109 Wn.2d 222 , 743 P.2d 816 (1987), to support his argument.

2001Cienfuegos relies upon State v. Thomas, 109 Wn.2d 222 , 743 P.2d 816 (1987), to support his argument.

2026State v. Jeffrey, 77 Wn.

2024App. 2d at 540. “‘Jury instructions are sufficient if they permit each party to argue his theory of the case and properly inform the jury of the applicable law.’” State v. Riley, 137 Wn.2d 904, 909 , 976 P.2d 624 (1999) (quoting State v. Bowerman, 115 Wn.2d 794, 809 , 802 P.2d 116 (1990)).

2024App. 2d at 540. “‘Jury instructions are sufficient if they permit each party to argue his theory of the case and properly inform the jury of the applicable law.’” State v. Riley, 137 Wn.2d 904, 909 , 976 P.2d 624 (1999) (quoting State v. Bowerman, 115 Wn.2d 794, 809 , 802 P.2d 116 (1990)).

2024App. 2d at 540. “‘Jury instructions are sufficient if they permit each party to argue his theory of the case and properly inform the jury of the applicable law.’” State v. Riley, 137 Wn.2d 904, 909 , 976 P.2d 624 (1999) (quoting State v. Bowerman, 115 Wn.2d 794, 809 , 802 P.2d 116 (1990)).

2024App. 2d at 540. “‘Jury instructions are sufficient if they permit each party to argue his theory of the case and properly inform the jury of the applicable law.’” State v. Riley, 137 Wn.2d 904, 909 , 976 P.2d 624 (1999) (quoting State v. Bowerman, 115 Wn.2d 794, 809 , 802 P.2d 116 (1990)).

2020To rebut the strong presumption that counsel’s performance was effective, “the defendant bears the burden of establishing the absence of any ‘conceivable legitimate tactic explaining counsel’s performance.’ ” State v. Grier, 171 Wn.2d 17, 42 , 246 P.3d 1260 (2011) (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). 11 No. 51589-0-II Where counsel’s failure to request a particular jury instruction is the basis for a claim of ineffective assistance, the defendant must show that he or she “was entitled to the instruction, counsel’s performance was deficient in failing to requ

2020To rebut the strong presumption that counsel’s performance was effective, “the defendant bears the burden of establishing the absence of any ‘conceivable legitimate tactic explaining counsel’s performance.’ ” State v. Grier, 171 Wn.2d 17, 42 , 246 P.3d 1260 (2011) (quoting State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004)). 11 No. 51589-0-II Where counsel’s failure to request a particular jury instruction is the basis for a claim of ineffective assistance, the defendant must show that he or she “was entitled to the instruction, counsel’s performance was deficient in failing to requ

2019Cross, 180 Wn.2d at 718 .

2019Here, counsel’s choice to not request a reasonable belief instruction, and instead argue that the State failed to meet its burden to prove SC was physically helpless or mentally incapacitated, was objectively reasonable.3 See State v. Coristine, 177 Wn.2d 370, 378-79 , 300 P.3d 400 (2013) (recognizing that it can be a valid tactical decision to not assert an affirmative defense because defenses carry with them the burden of proof).

2019Here, counsel’s choice to not request a reasonable belief instruction, and instead argue that the State failed to meet its burden to prove SC was physically helpless or mentally incapacitated, was objectively reasonable.3 See State v. Coristine, 177 Wn.2d 370, 378-79 , 300 P.3d 400 (2013) (recognizing that it can be a valid tactical decision to not assert an affirmative defense because defenses carry with them the burden of proof).

2019App. 801, 823 , 256 P.3d 426 (2011). -12- No. 79079-0-1/13 “Where the claim of ineffective assistance is based upon counsel’s failure to request a particular jury instruction, the defendant must show he was entitled to the instruction, counsel’s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice.” State v. Thompson, 169 Wn.

2017Scott, 110 Wn.2d at 686 ; RAP 2.5(a). 3 Critical to this case is State v. Flora, 160 Wn.

2016Ed. 2d 674 (1984). 13 State v. Stenson, 132 Wn.2d 668, 705-06 , 940 P.2d 1239 (1997). 14 State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 15 State v. Thompson, 169 Wn.

2016Ed. 2d 674 (1984). 13 State v. Stenson, 132 Wn.2d 668, 705-06 , 940 P.2d 1239 (1997). 14 State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 15 State v. Thompson, 169 Wn.

2016Ed. 2d 674 (1984). 13 State v. Stenson, 132 Wn.2d 668, 705-06 , 940 P.2d 1239 (1997). 14 State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 15 State v. Thompson, 169 Wn.

2016Ed. 2d 674 (1984). 13 State v. Stenson, 132 Wn.2d 668, 705-06 , 940 P.2d 1239 (1997). 14 State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 15 State v. Thompson, 169 Wn.

2014State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P. 2d 563 ( 1996). " Where the claim of ineffective assistance is based upon counsel' s failure to request a particular jury instruction, the defendant must show he was entitled to the instruction, counsel' s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice." State v. Thompson, 169 Wn.

2014State v. Hendrickson, 129 Wn.2d 61, 78 , 917 P. 2d 563 ( 1996). " Where the claim of ineffective assistance is based upon counsel' s failure to request a particular jury instruction, the defendant must show he was entitled to the instruction, counsel' s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice." State v. Thompson, 169 Wn.

2011Moore, 167 Wash.2d at 122 , 216 P.3d 1015 . ¶ 61 In sum, Mr. Coe shows neither defective performance nor prejudice.