reasonable probability error in Washington

55 Washington opinions name it 2 courts 2001–2026 21 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 (7)

Case	Followed	Cited
State v. Crawfordgreen wash · 2006 · cited in 3 Washington opinions naming this issue, 2009–2025 2 sentences 2025The reasonable probability standard requires less than a preponderance of evidence but more than merely “a ‘conceivable effect on the outcome.’” Id. at 458 (internal quotation marks omitted) (quoting State v. Crawford, 159 Wn.2d 86, 99 , 147 P.3d 1288 (2006)). 2009Ed. 2d 674 (1984); see also State v. Crawford, 159 Wn.2d 86, 104-05 , 147 P.3d 1288 (2006) (holding that the reasonable probability standard is less stringent than the standard for newly discovered evidence claims).	2	3
State v. Crawfordgreen wash · 2006 · cited in 3 Washington opinions naming this issue, 2009–2025 2 sentences 2025The reasonable probability standard requires less than a preponderance of evidence but more than merely “a ‘conceivable effect on the outcome.’” Id. at 458 (internal quotation marks omitted) (quoting State v. Crawford, 159 Wn.2d 86, 99 , 147 P.3d 1288 (2006)). 2009Ed. 2d 674 (1984); see also State v. Crawford, 159 Wn.2d 86, 104-05 , 147 P.3d 1288 (2006) (holding that the reasonable probability standard is less stringent than the standard for newly discovered evidence claims).	2	3
State v. Jonesgreen wash · 2015 · cited in 2 Washington opinions naming this issue, 2018–2018 2 sentences 2018See, e.g., State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015)("To show prejudice, the appellant need not prove that the outcome would have been different but must show only a "reasonable probability"—by less than a more likely than not standard— that, but for counsel's unprofessional errors, the result of the proceedings would have been different."); see also In re Pers. 2018See, e.g., State v. Jones, 183 Wn.2d 327, 339 , 352 P.3d 776 (2015)("To show prejudice, the appellant need not prove that the outcome would have been different but must show only a "reasonable probability"—by less than a more likely than not standard— that, but for counsel's unprofessional errors, the result of the proceedings would have been different."); see also In re Pers.	2	2
State v. Halstiengreen · 1993 · cited in 5 Washington opinions naming this issue, 2001–2018 2 sentences 2018Halstien, 122 Wn.2d at 127 . 2014State v. Halstien, 122 Wn.2d 109,127 , 857 P.2d 270 (1993).	1	5
Strickland v. Washingtongreen scotus · 1984 · cited in 2 Washington opinions naming this issue, 2009–2024 2 sentences 2009It has been defined as a "probability sufficient to undermine confidence in the outcome." Strickland v. Washington, 466 U.S. 668, 669, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); see also State v. Crawford, 159 Wash.2d 86, 104-05 , 147 P.3d 1288 (2006) (holding that the reasonable probability standard is less stringent than the standard for newly discovered evidence claims). 2009It has been defined as a "probability sufficient to undermine confidence in the outcome." Strickland v. Washington, 466 U.S. 668, 669, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); see also State v. Crawford, 159 Wash.2d 86, 104-05 , 147 P.3d 1288 (2006) (holding that the reasonable probability standard is less stringent than the standard for newly discovered evidence claims).	1	2
United States v. Agursgreen scotus · 1976 · cited in 2 Washington opinions naming this issue, 2017–2020 2 sentences 2020United States v. Agurs, 427 U.S. 97, 109-11 (1976). 2017United States v. Agurs, 427 U.S. 97, 109-11 , 96 S. Ct. 2392 , 49 L.	1	2
State v. Griergreen wash · 2011 · cited in 1 Washington opinions naming this issue, 2017–2017	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (34)

Case	Cited	Years
State v. Barry green wash · 2015 2 sentences 2026State v. Barry, 183 Wn.2d 297, 317-18 , 352 P.3d 161 (2015). 2026State v. Barry, 183 Wn.2d 297, 317-18 , 352 P.3d 161 (2015).	8	2020–2026
State v. Kindell green washctapp · 2014 2 sentences 2026“A nonconstitutional error requires reversal only if there is a reasonable probability that the error materially affected the outcome of the trial.” State v. Kindell, 181 Wn. 2026A nonconstitutional error “requires reversal only if there is a reasonable probability that the error materially affected the outcome of the trial.” Kindell, 181 Wn.	7	2021–2026
State v. Gunderson green wash · 2014 2 sentences 2019We agree.12 ~ State v. Gunderson, 181 Wn.2d 916, 922 , 337 P.3d 1090 (2014). 10 State v. Lewis, 130 Wn.2d 700, 707 , 927 P.2d 235 (1996). ~‘ Gunderson, 181 Wn.2d at 922 . 12 ER 404(b) prohibits a court from admitting “[e]vidence of other crimes, wrongs, or acts. to prove the character of a person in order to show action in . . -5- No. 77914-1 -I /6 “Improper admission of evidence constitutes harmless error if the evidence is of minor significance in reference to the evidence as a whole.”13 An evidentiary error that is not of constitutional magnitude, such as erroneous admission of ER 404(b) ev 2019We agree.12 ~ State v. Gunderson, 181 Wn.2d 916, 922 , 337 P.3d 1090 (2014). 10 State v. Lewis, 130 Wn.2d 700, 707 , 927 P.2d 235 (1996). ~‘ Gunderson, 181 Wn.2d at 922 . 12 ER 404(b) prohibits a court from admitting “[e]vidence of other crimes, wrongs, or acts. to prove the character of a person in order to show action in . . -5- No. 77914-1 -I /6 “Improper admission of evidence constitutes harmless error if the evidence is of minor significance in reference to the evidence as a whole.”13 An evidentiary error that is not of constitutional magnitude, such as erroneous admission of ER 404(b) ev	3	2017–2024
State v. Smith green wash · 1986 2 sentences 2024State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986). 2024State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986).	3	2013–2024
State v. Gower green wash · 2014 2 sentences 2016State v. Gower, 179 Wn.2d 851, 854-55 , 321 P.3d 1178 (2014). 2016State v. Gower, 179 Wn.2d 851, 854-55 , 321 P.3d 1178 (2014).	3	2014–2016
State v. Stenson green wash · 1997 2 sentences 2022State v. Stenson, 132 Wn.2d 668, 709 , 940 P.2d 1239 (1997). 2019State v. Stenson, 132 Wn.2d 668, 709 , 940 P.2d 1239 (1997).	2	2019–2022
State v. Stenson green wash · 1997 2 sentences 2022State v. Stenson, 132 Wn.2d 668, 709 , 940 P.2d 1239 (1997). 2019State v. Stenson, 132 Wn.2d 668, 709 , 940 P.2d 1239 (1997).	2	2019–2022
State v. Davila green wash · 2015 2 sentences 2020Id. 2019Id.	2	2019–2020
Hill v. Lockhart green scotus · 1985 2 sentences 2018Hill, 474 U.S. at page 13 of 23 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/. state V. 2018Hill, 474 U.S. at page 13 of 23 state V.	2	2018–2018
State v. Owens green wash · 1996 2 sentences 2018State v. Owens, 128 Wn.2d 908, 914 , 913 P.2d 366 (1996). 2017State v. Owens, 128 Wn.2d 908, 914 , 913 P.2d 366 (1996).5 Further, the error is not prejudicial if similar testimony was admitted without objection.	2	2017–2018
State v. Owens green wash · 1996 2 sentences 2018State v. Owens, 128 Wn.2d 908, 914 , 913 P.2d 366 (1996). 2017State v. Owens, 128 Wn.2d 908, 914 , 913 P.2d 366 (1996).5 Further, the error is not prejudicial if similar testimony was admitted without objection.	2	2017–2018
In re the Personal Restraint of Stockwell green wash · 2014 2 sentences 2018The dissent also ignores that we recently considered a collateral attack on a plea that was not based on inadequate assistance of counsel, holding that a petitioner must prove actual and substantial prejudice, without even mentioning the reasonable probability standard.'''' Stockwell, 179 Wn.2d 588 . 2018The dissent also ignores that we recently considered a collateral attack on a plea that was not based on inadequate assistance of counsel, holding that a petitioner must prove actual and substantial prejudice, without even mentioning the reasonable probability standard.'''' Stockwell, 179 Wn.2d 588 .	2	2018–2018
In re the Detention of West green wash · 2011 2 sentences 2014In re Det. of West, 171 Wn.2d 383, 410 , 256 P 3d 302 (2011). 2013In re Det. of West, 171 Wn.2d 383, 410 , 256 P.3d 302 (2011).	2	2013–2014
In Re Detention of West green wash · 2011 2 sentences 2014In re Det. of West, 171 Wn.2d 383, 410 , 256 P 3d 302 (2011). 2013In re Det. of West, 171 Wn.2d 383, 410 , 256 P.3d 302 (2011).	2	2013–2014
State v. Ray green wash · 1991 2 sentences 2013State v. Ray. 116 Wn.2d 531, 546 , 806 P.2d 1220 (1991) (quoting State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)). 2013State v. Ray. 116 Wn.2d 531, 546 , 806 P.2d 1220 (1991) (quoting State v. Smith, 106 Wn.2d 772, 780 , 725 P.2d 951 (1986)).	2	2012–2013
State v. Vazquez green wash · 2021 1 sentence 2025“If a defendant centers their claim of ineffective assistance of counsel on their attorney’s failure to object, then ‘the defendant must show that the objection would likely have succeeded.’” State v. Vazquez, 198 Wn.2d 239 , 248, 494 P.3d 424 (2021) (quoting State v. Crow, 8 Wn.	1	2025–2025
Padilla v. Kentucky green scotus · 2010 1 sentence 2024Id. (quoting Strickland, 466 U.S. at 694 ).	1	2024–2024
State v. Griffin green wash · 2012 1 sentence 2024Id.	1	2024–2024
State Of Washington v. Justin Nicholas Jennings green washctapp · 2020 2 sentences 2024App. 2d 779, 792 , 474 P.3d 599 (2020), vacated in part on other grounds, 199 Wn.2d 53 , 502 P.3d 1255 (2022). 2024“The nonconstitutional harmless error test requires the defendant to show a reasonable probability that the error materially affected the outcome of the trial.” State v. Jennings, 14 Wn.	1	2024–2024
State v. Jennings green wash · 2022 1 sentence 2024App. 2d 779, 792 , 474 P.3d 599 (2020), vacated in part on other grounds, 199 Wn.2d 53 , 502 P.3d 1255 (2022).	1	2024–2024
State v. Gresham green wash · 2012 2 sentences 2020State v. Gresham, 173 Wn.2d 405, 425 , 269 P.3d 207 (2012). 5 No. 52007-9-II B. 2020State v. Gresham, 173 Wn.2d 405, 425 , 269 P.3d 207 (2012). 5 No. 52007-9-II B.	1	2020–2020
State v. Lewis green wash · 1996 1 sentence 2019We agree.12 ~ State v. Gunderson, 181 Wn.2d 916, 922 , 337 P.3d 1090 (2014). 10 State v. Lewis, 130 Wn.2d 700, 707 , 927 P.2d 235 (1996). ~‘ Gunderson, 181 Wn.2d at 922 . 12 ER 404(b) prohibits a court from admitting “[e]vidence of other crimes, wrongs, or acts. to prove the character of a person in order to show action in . . -5- No. 77914-1 -I /6 “Improper admission of evidence constitutes harmless error if the evidence is of minor significance in reference to the evidence as a whole.”13 An evidentiary error that is not of constitutional magnitude, such as erroneous admission of ER 404(b) ev	1	2019–2019
State v. Lewis green wash · 1996 1 sentence 2019We agree.12 ~ State v. Gunderson, 181 Wn.2d 916, 922 , 337 P.3d 1090 (2014). 10 State v. Lewis, 130 Wn.2d 700, 707 , 927 P.2d 235 (1996). ~‘ Gunderson, 181 Wn.2d at 922 . 12 ER 404(b) prohibits a court from admitting “[e]vidence of other crimes, wrongs, or acts. to prove the character of a person in order to show action in . . -5- No. 77914-1 -I /6 “Improper admission of evidence constitutes harmless error if the evidence is of minor significance in reference to the evidence as a whole.”13 An evidentiary error that is not of constitutional magnitude, such as erroneous admission of ER 404(b) ev	1	2019–2019
Buckley v. Valeo green scotus · 1976 1 sentence 2018Id. at 71-72 .	1	2018–2018
State v. Briejer green washctapp · 2012	1	2017–2017
State v. Neal green wash · 2001	1	2016–2016
State v. Neal green wash · 2001	1	2016–2016
State v. Pogue green washctapp · 2001	1	2016–2016
In re the Personal Restraint of Sims green washctapp · 2003	1	2016–2016
State v. Asaeli green washctapp · 2009	1	2015–2015
State v. Everybodytalksabout green wash · 2002	1	2015–2015
State v. Everybodytalksabout green wash · 2002	1	2015–2015
State v. Alvarez-Abrego neutral washctapp · 2010	1	2015–2015
State v. Tharp green wash · 1981	1	2014–2014

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (33) WA § Wash. Rev. Code § 9A.08.010 (5) WA § Wash. Rev. Code § 9A.36.021 (4) WA § Wash. Rev. Code § 36.18.020 (3) WA § Wash. Rev. Code § 71.09.020 (3) WA § Wash. Rev. Code § 9.41.040 (3) WA § Wash. Rev. Code § 9.94A.030 (3) WA § Wash. Rev. Code § 9.94A.589 (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

OH 280 (2001–2026) CA 277 (1979–2026) MI 121 (1986–2026) PA 112 (1995–2026) KS 75 (2011–2026) NM 70 (1999–2026) CO 55 (1983–2026) WA 55 (2001–2026) MO 50 (1985–2024) TX 27 (1985–2023) IL 25 (1984–2025) UT 23 (1987–2026) TN 21 (1999–2025) WI 19 (1984–2026) MD 13 (1982–2025) DC 12 (1990–2018) NC 10 (1965–2026) NY 10 (1990–2023) ME 10 (2006–2020) FL 9 (1997–2024) GA 8 (1990–2024) IA 7 (1984–2026) CT 7 (1993–2024) MN 7 (2009–2024) VI 6 (2009–2017) ID 5 (2014–2022) VT 5 (2013–2023) NJ 5 (1989–2024) AR 5 (2010–2022) MA 4 (2014–2025) OK 4 (1987–2013) DE 3 (1988–2019) OR 3 (2020–2025) AZ 3 (2006–2024) VA 2 (2006–2022) NV 2 (2018–2020) LA 2 (2007–2017)

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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