minimum term violation (Washington) · Go Syfert
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minimum term violation in Washington

8 Washington opinions name it 2 courts 1994–2021 1 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
In re the Personal Restraint of Huy Khac Trangreen
wash · 2005 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015There the court concluded that because first degree assault, even when committed with a firearm, does not completely overlap the more limited instances of first degree assault subject to the minimum term requirement, the Department of Corrections erred in making its own finding and imposing the minimum term. 154 Wn.2d at 332. ¶37 This court revisited Tran in McChristian.

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 (9)

CaseCitedYears
Matter of Personal Restraint of Cashaw green
wash · 1994
2 sentences

2021Restraint of Cashaw, 123 Wn.2d 138, 143 , 866 P.2d 8 (1994).

2018Restraint of Dyer, 164 Wn.2d 274, 285 , 189 P.3d 759 (2008)(Dyer II). "[A]n inmate may be entitled to relief solely upon showing the [1SRB]set a minimum term in violation of a statute or regulation." Cashaw, 123 Wn.2d at 140 .

32014–2021
In re the Personal Restraint of Dyer green
wash · 2008
2 sentences

2021Restraint of Dyer, 164 Wn.2d 274, 285 , 189 P.3d 759 (2008) (Dyer II). “[A]n inmate may be entitled to relief solely upon showing the [ISRB] set a minimum term in violation of a statute or regulation.” In re Pers.

2018Restraint of Dyer, 164 Wn.2d 274, 285 , 189 P.3d 759 (2008)(Dyer II). "[A]n inmate may be entitled to relief solely upon showing the [1SRB]set a minimum term in violation of a statute or regulation." Cashaw, 123 Wn.2d at 140 .

22018–2021
In Re Personal Restraint of Dyer green
wash · 2008
2 sentences

2021Restraint of Dyer, 164 Wn.2d 274, 285 , 189 P.3d 759 (2008) (Dyer II). “[A]n inmate may be entitled to relief solely upon showing the [ISRB] set a minimum term in violation of a statute or regulation.” In re Pers.

2018Restraint of Dyer, 164 Wn.2d 274, 285 , 189 P.3d 759 (2008)(Dyer II). "[A]n inmate may be entitled to relief solely upon showing the [1SRB]set a minimum term in violation of a statute or regulation." Cashaw, 123 Wn.2d at 140 .

22018–2021
State v. Manussier green
wash · 1996
2 sentences

2006State v. Manussier, 129 Wash.2d 652, 673 , 921 P.2d 473 (1996); Coria, 120 Wash.2d at 171-72 , 839 P.2d 890 . ¶ 14 We disagree with Mr. Linssen's argument that he has a fundamental right to the opportunity to serve the minimum term of the standard range.

2006State v. Manussier, 129 Wn.2d 652, 673 , 921 P.2d 473 (1996); Coria, 120 Wn.2d at 171-72 . ¶14 We disagree with Mr. Linssen’s argument that he has a fundamental right to the opportunity to serve the minimum term of the standard range.

22006–2006
State v. Manussier green
wash · 1996
2 sentences

2006State v. Manussier, 129 Wash.2d 652, 673 , 921 P.2d 473 (1996); Coria, 120 Wash.2d at 171-72 , 839 P.2d 890 . ¶ 14 We disagree with Mr. Linssen's argument that he has a fundamental right to the opportunity to serve the minimum term of the standard range.

2006State v. Manussier, 129 Wn.2d 652, 673 , 921 P.2d 473 (1996); Coria, 120 Wn.2d at 171-72 . ¶14 We disagree with Mr. Linssen’s argument that he has a fundamental right to the opportunity to serve the minimum term of the standard range.

22006–2006
State v. Coria green
wash · 1992
2 sentences

2006State v. Manussier, 129 Wash.2d 652, 673 , 921 P.2d 473 (1996); Coria, 120 Wash.2d at 171-72 , 839 P.2d 890 . ¶ 14 We disagree with Mr. Linssen's argument that he has a fundamental right to the opportunity to serve the minimum term of the standard range.

2006State v. Manussier, 129 Wn.2d 652, 673 , 921 P.2d 473 (1996); Coria, 120 Wn.2d at 171-72 . ¶14 We disagree with Mr. Linssen’s argument that he has a fundamental right to the opportunity to serve the minimum term of the standard range.

22006–2006
In Re the Personal Restraint of Sinka green
wash · 1979
1 sentence

2020Id. at 556 .

12020–2020
State v. McChristian neutral
washctapp · 2010
1 sentence

2015Division Two began its analysis of the issue by agreeing with the defendant that the minimum term statute required “a factual finding that a defendant meets the requirements of the statute before a trial court may impose a mandatory minimum sentence.” McChristian, 158 Wn.

12015–2015
Matter of Personal Restraint of Locklear green
wash · 1992
2 sentences

1994Nevertheless, even though Cashaw cannot establish a constitutional violation, pursuant to In re Locklear, 118 Wn.2d 409 , 823 P.2d 1078 (1992), an inmate may be entitled to relief solely upon showing the Board set a minimum term in violation of a statute or regulation.

1994Nevertheless, even though Cashaw cannot establish a constitutional violation, pursuant to In re Locklear, 118 Wn.2d 409 , 823 P.2d 1078 (1992), an inmate may be entitled to relief solely upon showing the Board set a minimum term in violation of a statute or regulation.

11994–1994

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9.94A.905 (3) WA § Wash. Rev. Code § 9.95.009 (3) WA § Wash. Rev. Code § 9.95.040 (3) WA § Wash. Rev. Code § 9.95.100 (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

WA 8 (1994–2021) HI 6 (2013–2022)

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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