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8 Washington opinions name it 2 courts 2003–2026 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.
| Case | Followed | Cited |
|---|---|---|
Advance Resorts of America, Inc. v. City of Wheelergreen1 sentence2014See State v. Hendrickson, 129 Wn.2d 61,78-79 , 917 P.2d 61 (1996). 4 No. 31274-7-111 State v. Landis The Strickland tests may be satisfied by the failure of defense counsel to present a diminished capacity defense where the facts support the defense. | 1 | 1 |
State v. Hendricksongreen1 sentence2014See State v. Hendrickson, 129 Wn.2d 61,78-79 , 917 P.2d 61 (1996). 4 No. 31274-7-111 State v. Landis The Strickland tests may be satisfied by the failure of defense counsel to present a diminished capacity defense where the facts support the defense. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Thomas
green
2 sentences2018State v. Grier, 171 Wn.2d 17, 32-33 , 246 P.3d 1260 (2011)(quoting State 26 v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987)). 7 No. 75870-5-1/8 be characterized as legitimate trial strategy or tactics, performance is not deficient.'"27 The failure of defense counsel to present a diminished capacity defense satisfies both prongs when the facts support such a defense.28 "A diminished capacity defense requires evidence of a mental condition, which prevents the defendant from forming the requisite intent necessary to commit the crime charged."29 Here, during sentencing for the December 17 a 2018State v. Grier, 171 Wn.2d 17, 32-33 , 246 P.3d 1260 (2011)(quoting State 26 v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987)). 7 No. 75870-5-1/8 be characterized as legitimate trial strategy or tactics, performance is not deficient.'"27 The failure of defense counsel to present a diminished capacity defense satisfies both prongs when the facts support such a defense.28 "A diminished capacity defense requires evidence of a mental condition, which prevents the defendant from forming the requisite intent necessary to commit the crime charged."29 Here, during sentencing for the December 17 a | 4 | 2003–2018 |
State v. Tilton
green
2 sentences2026In briefing, Trinh quotes State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003), in his assertion that our State “Supreme Court has held ‘[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.’” (Alteration in original.) He also offers State v. Fedoruk, 184 Wn. 2026Trinh is correct that Tilton holds “[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.” 149 Wn.2d at 784 . | 2 | 2021–2026 |
State v. Tilton
green
2 sentences2026In briefing, Trinh quotes State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003), in his assertion that our State “Supreme Court has held ‘[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.’” (Alteration in original.) He also offers State v. Fedoruk, 184 Wn. 2021State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003). | 2 | 2021–2026 |
State v. Fedoruk
green
2 sentences2026In briefing, Trinh quotes State v. Tilton, 149 Wn.2d 775, 784 , 72 P.3d 735 (2003), in his assertion that our State “Supreme Court has held ‘[f]ailure of defense counsel to present a diminished capacity defense where the facts support such a defense has been held to satisfy both prongs of the Strickland test.’” (Alteration in original.) He also offers State v. Fedoruk, 184 Wn. 2026App. 866 , 339 P.3d 233 (2014), and an unpublished opinion from Division Two of this court, In re Personal Restraint of Durgeloh, 5 as further examples of IAC on this basis. | 1 | 2026–2026 |
State v. Coryell
green
1 sentence2023Coryell, 197 Wn.2d at 405 . | 1 | 2023–2023 |
State v. Berlin
green
1 sentence2023The trial court and the parties agreed that the legal prong of Workman was satisfied. “[F]irst and second degree manslaughter are lesser included offenses of second degree intentional murder and instructions should be given to a jury when the facts support such an instruction.” State v. Berlin, 133 Wn.2d 541, 551 , 947 P.2d 700 (1997). 10 84205-6-I/11 The standard of review applied to jury instructions depends on the trial court’s decision under review. | 1 | 2023–2023 |
State v. Berlin
green
1 sentence2023The trial court and the parties agreed that the legal prong of Workman was satisfied. “[F]irst and second degree manslaughter are lesser included offenses of second degree intentional murder and instructions should be given to a jury when the facts support such an instruction.” State v. Berlin, 133 Wn.2d 541, 551 , 947 P.2d 700 (1997). 10 84205-6-I/11 The standard of review applied to jury instructions depends on the trial court’s decision under review. | 1 | 2023–2023 |
Strickland v. Washington
green
2 sentences2018Restraint of Fleming, 142 Wn.2d 853,865 , 16 P.3d 610 (2001). 5 State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008). 6 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. 2018Restraint of Fleming, 142 Wn.2d 853,865 , 16 P.3d 610 (2001). 5 State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008). 6 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. | 1 | 2018–2018 |
In re the Personal Restraint of Fleming
green
1 sentence2018Restraint of Fleming, 142 Wn.2d 853,865 , 16 P.3d 610 (2001). 5 State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008). 6 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. | 1 | 2018–2018 |
State v. Hicks
green
1 sentence2018Restraint of Fleming, 142 Wn.2d 853,865 , 16 P.3d 610 (2001). 5 State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008). 6 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. | 1 | 2018–2018 |
State v. Grier
green
1 sentence2018State v. Grier, 171 Wn.2d 17, 32-33 , 246 P.3d 1260 (2011)(quoting State 26 v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987)). 7 No. 75870-5-1/8 be characterized as legitimate trial strategy or tactics, performance is not deficient.'"27 The failure of defense counsel to present a diminished capacity defense satisfies both prongs when the facts support such a defense.28 "A diminished capacity defense requires evidence of a mental condition, which prevents the defendant from forming the requisite intent necessary to commit the crime charged."29 Here, during sentencing for the December 17 a | 1 | 2018–2018 |
State v. Grier
green
1 sentence2018State v. Grier, 171 Wn.2d 17, 32-33 , 246 P.3d 1260 (2011)(quoting State 26 v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987)). 7 No. 75870-5-1/8 be characterized as legitimate trial strategy or tactics, performance is not deficient.'"27 The failure of defense counsel to present a diminished capacity defense satisfies both prongs when the facts support such a defense.28 "A diminished capacity defense requires evidence of a mental condition, which prevents the defendant from forming the requisite intent necessary to commit the crime charged."29 Here, during sentencing for the December 17 a | 1 | 2018–2018 |
In Re Fleming
green
1 sentence2018Restraint of Fleming, 142 Wn.2d 853,865 , 16 P.3d 610 (2001). 5 State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008). 6 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. | 1 | 2018–2018 |
State v. Hicks
green
1 sentence2018Restraint of Fleming, 142 Wn.2d 853,865 , 16 P.3d 610 (2001). 5 State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008). 6 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. | 1 | 2018–2018 |
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.