identity exception (Washington) · Go Syfert
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identity exception in Washington

7 Washington opinions name it 2 courts 1976–2024 3 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
Dewey v. Tacoma School District No. 10green
washctapp · 1999 · cited in 1 Washington opinions naming this issue, 2024–2024
1 sentence

2024Dewey v. Tacoma School District No. 10, 95 Wn.

11
State v. Foxhovengreen
wash · 2007 · cited in 1 Washington opinions naming this issue, 2014–2014
2 sentences

2014Under the identity exception, Mr. Gibson solely disputes "whether the evidence is relevant and necessary to prove an essential element of the crime." Appellant's Br. at 25; Foxhoven, 161 Wn.2d at 175 .

2014To be relevant, evidence must tend "to make the existence of any fact that is of consequence to the determination of the action more probable or less probable." ER 401; see also Foxhoven, 161 Wn.2d at 176 .

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
State v. Brown green
wash · 1997
1 sentence

2021Cf. State v. Brown, 132 Wn.2d 529, 576 , 940 P.2d 546 (1997) (“geographical distance [of hundreds of miles] and the passage 4 Carpenter says that the identity exception does not apply.

12021–2021
State v. Brown green
wash · 1997
1 sentence

2021Cf. State v. Brown, 132 Wn.2d 529, 576 , 940 P.2d 546 (1997) (“geographical distance [of hundreds of miles] and the passage 4 Carpenter says that the identity exception does not apply.

12021–2021
State v. Smith green
wash · 1990
2 sentences

2021State v. Smith, 115 Wn.2d 775, 781 , 801 P.2d 975 (1990). 28 No. 53370-7-II mental element of the crime beyond a reasonable doubt to sustain a conviction, mens rea is not required to satisfy corpus delicti.” Cardena-Flores, 189 Wn.2d at 263-64.

2021State v. Smith, 115 Wn.2d 775, 781 , 801 P.2d 975 (1990). 28 No. 53370-7-II mental element of the crime beyond a reasonable doubt to sustain a conviction, mens rea is not required to satisfy corpus delicti.” Cardena-Flores, 189 Wn.2d at 263-64.

12021–2021
State v. Angulo neutral
washctapp · 2009
1 sentence

2021App. 642, 653 , 200 P.3d 752 (2009). 7 An exception to the identity requirement applies in crimes such as attempt, conspiracy, perjury, and reckless or drunken driving which do not require the first corpus delicti element, injury or loss.

12021–2021
In Re the Election Contest Filed by Coday green
wash · 2006
2 sentences

2018Additionally, the MiBT enabled the County to efficiently identify ballot voters for verification of their signatures and registration. 2 See In re Codav, 156 Wn.2d 485, 489 , 130 P.3d 809 (2006). 2 No. 77156-6-1 / 3 Prior to July 2008, the MiBT program used encryption to store a voter's identity and linked the voter's identity to the bar code printed on his or her ballot.

2018Additionally, the MiBT enabled the County to efficiently identify ballot voters for verification of their signatures and registration. 2 See In re Codav, 156 Wn.2d 485, 489 , 130 P.3d 809 (2006). 2 No. 77156-6-1 / 3 Prior to July 2008, the MiBT program used encryption to store a voter's identity and linked the voter's identity to the bar code printed on his or her ballot.

12018–2018
State v. Russell green
wash · 1994
1 sentence

2012Russell, 125 Wn.2d at 67-68 .

12012–2012
State v. Vanzant green
washctapp · 1975
1 sentence

1976State v. Vanzant, 14 Wn.

11976–1976

Where else courts name it

AL 66 (1906–2015) CT 65 (1982–2026) NY 42 (1852–2026) TX 38 (1932–2025) IL 25 (1976–2022) PA 25 (1979–2026) IN 25 (1972–2025) CA 20 (1887–2025) MO 18 (1976–2019) MD 17 (1941–2025) AZ 15 (1967–2020) IA 12 (1914–2017) NM 12 (1977–2024) GA 11 (1980–2025) FL 11 (1980–2021) DC 10 (1976–2020) NC 9 (1982–2014) OH 8 (1933–2022) TN 8 (1997–2015) WA 7 (1976–2024) OR 6 (1976–2006) NV 6 (1978–2020) MN 6 (1972–2016) OK 5 (1980–2020) VA 4 (1969–2000) KS 4 (1991–2026) MT 3 (2010–2020) CO 3 (1988–2021) MA 3 (1990–2015) SD 2 (1979–1992) ID 2 (1977–2013) WI 2 (1999–2005) SC 2 (2020–2025) WV 2 (1983–2013) MS 2 (2005–2007) HI 2 (1978–2013)

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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