Chavez motion (Washington) · Go Syfert
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Chavez motion in Washington

8 Washington opinions name it 2 courts 1995–2017 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
Cockle v. Dept. of Labor and Industriesgreen
wash · 2001 · cited in 2 Washington opinions naming this issue, 2005–2005
2 sentences

2005See Cockle v. Dep’t of Labor & Indus., 142 Wn.2d 801 , 16 P.3d 583 (2001).

2005See Cockle v. Dep’t of Labor & Indus., 142 Wn.2d 801 , 16 P.3d 583 (2001).

22

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 (9)

CaseCitedYears
State v. Davis green
washctapp · 2004
2 sentences

2017Relying again on Chavez, Mr. Hanson argues that this court held in that case that Mr. Chavez's motion to withdraw his plea was a critical stage of the proceedings and denial of counsel during a critical stage of proceedings is presumptively prejudicial. 162 Wn. App. at 439 (citing State v. Davis, 125 Wn. App. 59, 63-64 , 104 P.3d 11 (2004)).

2011State v. Davis, 125 Wn.

22011–2017
Carrick v. Locke green
wash · 1994
2 sentences

2006Carrick, 125 Wash.2d at 136 , 882 P.2d 173 . ¶ 21 Chavez's claim raises two potential separation of powers violations.

2006Carrick, 125 Wn.2d at 136 . ¶21 Chavez’s claim raises two potential separation of powers violations.

22006–2006
State v. Chavez green
washctapp · 2011
1 sentence

2017Relying again on Chavez, Mr. Hanson argues that this court held in that case that Mr. Chavez's motion to withdraw his plea was a critical stage of the proceedings and denial of counsel during a critical stage of proceedings is presumptively prejudicial. 162 Wn. App. at 439 (citing State v. Davis, 125 Wn. App. 59, 63-64 , 104 P.3d 11 (2004)).

12017–2017
Mickens v. Taylor green
scotus · 2002
2 sentences

2011All we do know is that in representing that he had a conflict, Mr. Zeigler, as defense counsel, was "in the best position to determine when a [disabling] conflict exists." Mickens v. Taylor, 535 U.S. 162, 167 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (describing the rationale of the automatic reversal rule of Holloway v. Arkansas, 435 U.S. 475 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978), applied where trial court refuses, without inquiry, to accept defense counsel's representation of a conflict). ¶ 16 Mr. Chavez's motion to withdraw his plea was a critical stage of these proceedings and no one con

2011All we do know is that in representing that he had a conflict, Mr. Zeigler, as defense counsel, was "in the best position to determine when a [disabling] conflict exists." Mickens v. Taylor, 535 U.S. 162, 167 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (describing the rationale of the automatic reversal rule of Holloway v. Arkansas, 435 U.S. 475 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978), applied where trial court refuses, without inquiry, to accept defense counsel's representation of a conflict). ¶ 16 Mr. Chavez's motion to withdraw his plea was a critical stage of these proceedings and no one con

12011–2011
State v. Davis neutral
washctapp · 2005
1 sentence

2011State v. Davis, 125 Wash.App. 59, 63-64 , 104 P.3d 11 (2004) (CrR 4.2(f) presentence motion to withdraw a guilty plea is a critical stage of a criminal proceeding for which a defendant has a constitutional right to be represented by counsel).

12011–2011
Holloway v. Arkansas green
scotus · 1978
2 sentences

2011All we do know is that in representing that he had a conflict, Mr. Zeigler, as defense counsel, was "in the best position to determine when a [disabling] conflict exists." Mickens v. Taylor, 535 U.S. 162, 167 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (describing the rationale of the automatic reversal rule of Holloway v. Arkansas, 435 U.S. 475 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978), applied where trial court refuses, without inquiry, to accept defense counsel's representation of a conflict). ¶ 16 Mr. Chavez's motion to withdraw his plea was a critical stage of these proceedings and no one con

2011All we do know is that in representing that he had a conflict, Mr. Zeigler, as defense counsel, was "in the best position to determine when a [disabling] conflict exists." Mickens v. Taylor, 535 U.S. 162, 167 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (describing the rationale of the automatic reversal rule of Holloway v. Arkansas, 435 U.S. 475 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978), applied where trial court refuses, without inquiry, to accept defense counsel's representation of a conflict). ¶ 16 Mr. Chavez's motion to withdraw his plea was a critical stage of these proceedings and no one con

12011–2011
State v. Chavez neutral
washctapp · 2006
2 sentences

2008Chavez, 134 Wash.App. at 664-65 , 142 P.3d 1110 . ¶ 6 The court also rejected Chavez's claim that even if the bench trial requirement is constitutional in its general application, as applied to him it is not.

2008Chavez, 134 Wash.App. at 664-65 , 142 P.3d 1110 . ¶ 6 The court also rejected Chavez's claim that even if the bench trial requirement is constitutional in its general application, as applied to him it is not.

12008–2008
State v. Chavez green
wash · 1988
2 sentences

1995Washington courts use a three-part test for determining when precharging delay violates due process: " '(1) The defendant must show he was prejudiced by the delay; (2) the court must consider the reasons for the delay; and (3) if the State is able to justify the delay, the court must undertake a further balancing of the State’s interest and the prejudice to the accused.’ ” State v. Chavez, 111 Wn.2d 548, 558 , 761 P.2d 607 (1988) (quoting State v. Alvin, 109 Wn.2d 602, 604 , 746 P.2d 807 (1987)). *878 Applying the first prong of the Chavez test, Martinez has not shown he was prejudiced by the

1995Washington courts use a three-part test for determining when precharging delay violates due process: " '(1) The defendant must show he was prejudiced by the delay; (2) the court must consider the reasons for the delay; and (3) if the State is able to justify the delay, the court must undertake a further balancing of the State’s interest and the prejudice to the accused.’ ” State v. Chavez, 111 Wn.2d 548, 558 , 761 P.2d 607 (1988) (quoting State v. Alvin, 109 Wn.2d 602, 604 , 746 P.2d 807 (1987)). *878 Applying the first prong of the Chavez test, Martinez has not shown he was prejudiced by the

11995–1995
State v. Alvin green
wash · 1987
2 sentences

1995Washington courts use a three-part test for determining when precharging delay violates due process: " '(1) The defendant must show he was prejudiced by the delay; (2) the court must consider the reasons for the delay; and (3) if the State is able to justify the delay, the court must undertake a further balancing of the State’s interest and the prejudice to the accused.’ ” State v. Chavez, 111 Wn.2d 548, 558 , 761 P.2d 607 (1988) (quoting State v. Alvin, 109 Wn.2d 602, 604 , 746 P.2d 807 (1987)). *878 Applying the first prong of the Chavez test, Martinez has not shown he was prejudiced by the

1995Washington courts use a three-part test for determining when precharging delay violates due process: " '(1) The defendant must show he was prejudiced by the delay; (2) the court must consider the reasons for the delay; and (3) if the State is able to justify the delay, the court must undertake a further balancing of the State’s interest and the prejudice to the accused.’ ” State v. Chavez, 111 Wn.2d 548, 558 , 761 P.2d 607 (1988) (quoting State v. Alvin, 109 Wn.2d 602, 604 , 746 P.2d 807 (1987)). *878 Applying the first prong of the Chavez test, Martinez has not shown he was prejudiced by the

11995–1995

Statutes the citing opinions construe

WA § Wash. Rev. Code § 13.04.021 (3) WA § Wash. Rev. Code § 2.06.040 (3) WA § Wash. Rev. Code § 9A.04.060 (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 19 (1980–2026) TX 17 (2004–2024) WA 8 (1995–2017) CO 6 (2016–2024) ID 4 (2008–2024) NM 4 (1996–2022) OH 3 (2017–2020) FL 2 (2002–2006) AZ 2 (1995–2015) UT 2 (2002–2012)

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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