absence of mitigating factors (Washington) · Go Syfert
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absence of mitigating factors in Washington

7 Washington opinions name it 1 courts 1987–2007 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
State v. Brettgreen
wash · 1995 · cited in 2 Washington opinions naming this issue, 2007–2007
2 sentences

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term “common scheme or plan.” 20 In recent decisions, however, this court has clearly “held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without th

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term "common scheme or plan." [20] In recent decisions, however, this court has clearly "held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without

22
State v. Kincaidgreen
wash · 1985 · cited in 2 Washington opinions naming this issue, 2007–2007
2 sentences

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term “common scheme or plan.” 20 In recent decisions, however, this court has clearly “held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without th

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term “common scheme or plan.” 20 In recent decisions, however, this court has clearly “held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without th

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 (5)

CaseCitedYears
State v. Thomas green
wash · 2004
2 sentences

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term “common scheme or plan.” 20 In recent decisions, however, this court has clearly “held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without th

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term "common scheme or plan." [20] In recent decisions, however, this court has clearly "held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without

22007–2007
State v. Thomas green
wash · 2004
2 sentences

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term “common scheme or plan.” 20 In recent decisions, however, this court has clearly “held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without th

2007Yates argues that the aggravators themselves are elements of the charged crime and that, consequently, the information should have specified the elements of the underlying aggravating crime of first or second degree robbery and should have defined the term "common scheme or plan." [20] In recent decisions, however, this court has clearly "held that under the statutory scheme in Washington the aggravating factors for first degree murder are not elements of that crime but are sentence enhancers that increase the statutory maximum sentence from life with the possibility of parole to life without

22007–2007
Mak v. Blodgett green
ca9 · 1992
2 sentences

2001Id.

2001Id.

22001–2001
State v. Rupe green
wash · 1984
2 sentences

1999State v. Rupe, 101 Wash.2d 664, 701 , 683 P.2d 571 (1984).

1999State v. Rupe, 101 Wash.2d 664, 701 , 683 P.2d 571 (1984).

21999–1999
State v. Vernell Teynac Hennings green
wash · 1983
2 sentences

1987See Bullington; State v. Hennings, 100 Wn.2d 379, 385-87 , 670 P.2d 256 (1983) (involving habitual criminal proceedings).

1987See Bullington; State v. Hennings, 100 Wn.2d 379, 385-87 , 670 P.2d 256 (1983) (involving habitual criminal proceedings).

11987–1987

Statutes the citing opinions construe

WA § Wash. Rev. Code § 10.95.020 (3) WA § Wash. Rev. Code § 10.95.030 (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 39 (1985–2026) IL 25 (1983–2000) CO 23 (1995–2013) FL 8 (1981–2019) NY 7 (1986–2020) NJ 7 (1984–2022) WA 7 (1987–2007) DC 6 (2003–2013) MA 5 (1983–2009) MD 4 (1987–2018) OH 4 (1989–2020) IN 3 (1987–1990) UT 2 (1982–2024) LA 2 (2003–2005)

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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