fair trial violation (Washington) · Go Syfert
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fair trial violation in Washington

8 Washington opinions name it 2 courts 1952–2018 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 (2)

CaseFollowedCited
Arizona v. Fulminantegreen
scotus · 1991 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018The Court explained that constitutional error essentially falls within two different categories: 1) trial errors “which [occur] during the presentation of the case to the jury, and which may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether [their] admission was harmless beyond a reasonable doubt”; and 2) structural defects that affect “the framework within which the trial proceeds, rather than simply an error in the trial process itself” and thus are so inherently unfair that they are not subject to harmless error analysis. 499 U.S.

11
State v. Mullin-Costongreen
washctapp · 2003 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018"Jurors must be expected to know that a person awaiting trial will often do so in custody." Mullin-Coston, 115 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 (10)

CaseCitedYears
State v. Brady green
ohio · 2008
2 sentences

2010The trial court dismissed the indictment against Brady with prejudice because "the risk of federal prosecution of his expert deprived Brady of effective assistance of an expert witness and effective assistance of counsel" and, therefore, he "could not receive a fair trial." Brady, 119 Ohio St.3d at 376 , 894 N.E.2d 671 . ¶ 62 The Ohio Supreme Court reversed, holding that the defendant could receive a fair trial because a defense expert could still examine the State's evidence at the prosecutor's office.

2010The trial court dismissed the indictment against Brady with prejudice because "the risk of federal prosecution of his expert deprived Brady of effective assistance of an expert witness and effective assistance of counsel" and, therefore, he "could not receive a fair trial." Brady, 119 Ohio St.3d at 376 , 894 N.E.2d 671 . ¶ 62 The Ohio Supreme Court reversed, holding that the defendant could receive a fair trial because a defense expert could still examine the State's evidence at the prosecutor's office.

22010–2010
State v. Tully green
wash · 1939
2 sentences

1970This contention has been ruled on in Pettus v. Cranor, 41 Wn.2d 567 , 250 P.2d 542 (1952) and State v. Tully, 198 Wash. 605 , 89 P.2d 517 (1939).

1970This contention has been ruled on in Pettus v. Cranor, 41 Wn.2d 567 , 250 P.2d 542 (1952) and State v. Tully, 198 Wash. 605 , 89 P.2d 517 (1939).

21952–1970
State v. Mullin-Coston green
washctapp · 2003
1 sentence

2018App. 679, 692 , 64 P.3d 40 (2003), aff'd, 152 Wn.2d 107 , 95 P.3d 321 (2004), references to the defendant's pretrial custodial status do not automatically violate the right to a fair trial or the presumption of innocence.

12018–2018
State v. Mullin-Coston green
wash · 2004
1 sentence

2018App. 679, 692 , 64 P.3d 40 (2003), aff'd, 152 Wn.2d 107 , 95 P.3d 321 (2004), references to the defendant's pretrial custodial status do not automatically violate the right to a fair trial or the presumption of innocence.

12018–2018
State v. Mullin-Coston green
wash · 2004
1 sentence

2018App. 679, 692 , 64 P.3d 40 (2003), aff'd, 152 Wn.2d 107 , 95 P.3d 321 (2004), references to the defendant's pretrial custodial status do not automatically violate the right to a fair trial or the presumption of innocence.

12018–2018
State v. Moreno green
wash · 2002
1 sentence

2017E.g., State v. Moreno, 147 Wn.2d 500, 506-512 , 58 P.3d 265 (2002) (statute permitting judges to call and question witnesses in traffic infraction proceedings).

12017–2017
State v. Moreno green
wash · 2002
1 sentence

2017E.g., State v. Moreno, 147 Wn.2d 500, 506-512 , 58 P.3d 265 (2002) (statute permitting judges to call and question witnesses in traffic infraction proceedings).

12017–2017
State v. Ingle green
wash · 1964
2 sentences

2017State v. Ingle, 64 Wn.2d 491,499 , 392 P.2d 442 (1964).

2017State v. Ingle, 64 Wn.2d 491,499 , 392 P.2d 442 (1964).

12017–2017
Brady v. Maryland green
scotus · 1963
2 sentences

1981He filed a motion for a new trial, alleging that the prosecution had suppressed material evidence and thereby deprived his client of a fair trial under the rule of Brady v. Maryland, 373 U.S. 83 , 10 L.

1981He filed a motion for a new trial, alleging that the prosecution had suppressed material evidence and thereby deprived his client of a fair trial under the rule of Brady v. Maryland, 373 U.S. 83 , 10 L.

11981–1981
In RE PETTUS v. Cranor green
wash · 1952
2 sentences

1970This contention has been ruled on in Pettus v. Cranor, 41 Wn.2d 567 , 250 P.2d 542 (1952) and State v. Tully, 198 Wash. 605 , 89 P.2d 517 (1939).

1970This contention has been ruled on in Pettus v. Cranor, 41 Wn.2d 567 , 250 P.2d 542 (1952) and State v. Tully, 198 Wash. 605 , 89 P.2d 517 (1939).

11970–1970

Where else courts name it

IL 79 (1970–2026) CA 51 (1958–2025) FL 44 (1963–2025) OH 38 (1977–2026) CT 37 (1982–2026) NY 34 (1901–2025) TX 32 (1971–2025) MO 19 (1953–2025) KS 14 (1974–2026) ID 13 (1990–2024) LA 13 (1983–2019) MI 12 (1979–2025) OK 9 (1975–2022) PA 9 (1975–2024) MT 8 (1989–2021) AR 8 (1990–2015) MD 8 (1977–2013) TN 8 (1998–2015) WA 8 (1952–2018) IA 7 (1923–2023) MS 6 (1977–2023) GA 5 (1975–2022) OR 5 (2010–2025) HI 5 (1982–2018) MN 4 (1937–2001) AL 4 (1982–2012) IN 4 (2001–2018) CO 4 (1974–2024) WI 3 (1979–2022) ND 3 (1988–2024) NJ 3 (1985–2021) UT 3 (1982–2018) KY 3 (1968–2026) NH 2 (1987–2004) WV 2 (1992–2005) DC 2 (1977–2024) AZ 2 (2014–2017) RI 2 (1989–1991) VA 2 (1999–2015)

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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