Garcia claim (Washington) · Go Syfert
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Garcia claim in Washington

7 Washington opinions name it 2 courts 1991–2019 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
United States v. Victor Manuel Torres-Castrogreen
ca10 · 2006 · cited in 1 Washington opinions naming this issue, 2018–2018
2 sentences

2018So at least part of the Ninth Circuit views this as an open controversy. ^ The Tenth Circuit also declined to extend the Buie doctrine to nonarrest situations, stating that "[fjollowing Buie, we held that such 'protective sweeps' are only permitted incident to an arrest." Torres-Castro, 470 F.3d at 997 (noting "[wjhatever our view of the holdings in Davis and Smith, we [the panel] are not free to overmle those decisions and adopt the majority view allowing protective sweeps based on reasonable suspicion alone.

2018So at least part of the Ninth Circuit views this as an open controversy. ^ The Tenth Circuit also declined to extend the Buie doctrine to nonarrest situations, stating that "[fjollowing Buie, we held that such 'protective sweeps' are only permitted incident to an arrest." Torres-Castro, 470 F.3d at 997 (noting "[wjhatever our view of the holdings in Davis and Smith, we [the panel] are not free to overmle those decisions and adopt the majority view allowing protective sweeps based on reasonable suspicion alone.

11
United States v. Garcia-Jassogreen
ca5 · 2006 · cited in 1 Washington opinions naming this issue, 2014–2014
1 sentence

2014United States v. Garcia-Jasso. 472 F.3d 239, 243 (5th Cir. 2006). -15- NO. 69516-9-1/16 The judge called a recess to give Townsel time to "cool down." Though after the recess Townsel repeated, "I don't want him representing me," he stayed for the rest of the hearing.

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 (7)

CaseCitedYears
Garcia v. Wilson green
washctapp · 1991
2 sentences

2019Garcia, 63 Wn.

2019Garcia, 63 Wn.

12019–2019
County of Los Angeles v. Mendez green
scotus · 2017
2 sentences

2018The Ninth Circuit's Mendez opinion did not apply the Garcia analysis to the case, but noted the intracircuit split and stated, "[T]he deputies' protective sweep argument fails for another reason. ... [T]he deputies did not have the requisite suspicion of danger to justify a protective sweep." Id.

2018The Ninth Circuit's Mendez opinion did not apply the Garcia analysis to the case, but noted the intracircuit split and stated, "[T]he deputies' protective sweep argument fails for another reason. ... [T]he deputies did not have the requisite suspicion of danger to justify a protective sweep." Id.

12018–2018
State v. Knapstad green
wash · 1986
1 sentence

2017CrR 8.3(c); State v. Knapstad, 107 Wn.2d *531 346, 352-53, 729 P.2d 48 (1986). 1 The defendant initiates such a motion by filing a sworn affidavit.

12017–2017
State v. Hopson green
wash · 1989
1 sentence

2013Curative Instruction ¶30 The third Hopson factor is whether the trial court properly instructed the jury to disregard the irregularity. 113 Wn.2d at 284 .

12013–2013
State v. Law green
wash · 2005
1 sentence

2011Law, 154 Wn.2d at 97 .

12011–2011
Wilson v. Steinbach green
wash · 1982
2 sentences

1991Coleman and Kennedy, JJ., concur. 1 We note that Garcia’s claim against Macias remains intact. 2 Wilson v. Steinbach, 98 Wn.2d 434, 437 , 656 P.2d 1030 (1982). 3 McDaniels v. Carlson, 108 Wn.2d 299, 303 , 738 P.2d 254 (1987). 4 McDaniels, 108 Wn.2d at 303 . 5 This is the difference between collateral estoppel and res judicata.

1991Coleman and Kennedy, JJ., concur. 1 We note that Garcia’s claim against Macias remains intact. 2 Wilson v. Steinbach, 98 Wn.2d 434, 437 , 656 P.2d 1030 (1982). 3 McDaniels v. Carlson, 108 Wn.2d 299, 303 , 738 P.2d 254 (1987). 4 McDaniels, 108 Wn.2d at 303 . 5 This is the difference between collateral estoppel and res judicata.

11991–1991
McDaniels v. Carlson green
wash · 1987
2 sentences

1991Coleman and Kennedy, JJ., concur. 1 We note that Garcia’s claim against Macias remains intact. 2 Wilson v. Steinbach, 98 Wn.2d 434, 437 , 656 P.2d 1030 (1982). 3 McDaniels v. Carlson, 108 Wn.2d 299, 303 , 738 P.2d 254 (1987). 4 McDaniels, 108 Wn.2d at 303 . 5 This is the difference between collateral estoppel and res judicata.

1991Coleman and Kennedy, JJ., concur. 1 We note that Garcia’s claim against Macias remains intact. 2 Wilson v. Steinbach, 98 Wn.2d 434, 437 , 656 P.2d 1030 (1982). 3 McDaniels v. Carlson, 108 Wn.2d 299, 303 , 738 P.2d 254 (1987). 4 McDaniels, 108 Wn.2d at 303 . 5 This is the difference between collateral estoppel and res judicata.

11991–1991

Where else courts name it

TX 99 (1964–2025) CA 62 (1985–2026) FL 17 (1986–2023) NM 11 (1980–2022) CO 10 (1986–2025) IL 8 (1979–2024) NY 8 (1995–2022) MI 7 (1978–1995) PA 7 (2004–2021) UT 7 (1993–2025) NE 7 (1990–2024) WA 7 (1991–2019) GA 5 (1996–2024) AZ 5 (2007–2022) IA 4 (1999–2024) MS 4 (2008–2023) NV 4 (1975–2013) DC 3 (2013–2023) ID 3 (2014–2019) LA 2 (2002–2011) OH 2 (2022–2024) IN 2 (1997–2014) HI 2 (2001–2012) ND 2 (2004–2004) KS 2 (2007–2012) MO 2 (2012–2013)

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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