inexcusable neglect standard (Washington) · Go Syfert
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inexcusable neglect standard in Washington

7 Washington opinions name it 2 courts 2002–2014 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 (1)

CaseFollowedCited
McCleskey v. Zantred
scotus · 1991 · cited in 2 Washington opinions naming this issue, 2004–2004
2 sentences

2004McCleskey, 499 U.S. at 489 , 111 S.Ct. 1454 . [5] Of course, an inexcusable neglect standard necessarily implies that some failures to raise an issue in an earlier personal restraint petition may be excused.

2004McCleskey, 499 U.S. at 489 . 5 ¶ 21 Of course, an inexcusable neglect standard necessarily implies that some failures to raise an issue in an earlier personal restraint petition may be excused.

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 (11)

CaseCitedYears
Nepstad v. Beasley green
washctapp · 1995
2 sentences

2006Nepstad, 77 Wash. App. at 467-68 , 892 P.2d 110 . ¶ 26 But in Nepstad , we ultimately held that the plaintiff's neglect was excusable and did not determine whether "inexcusable neglect" would actually apply in cases where the plaintiff attempts to correct misidentified defendants. 77 Wash.App. at 466-68 , 892 P.2d 110 .

2006Nepstad, 77 Wn.

22006–2006
North Street Ass'n v. City of Olympia red
wash · 2006
2 sentences

2006Ass'n v. Olympia, 96 Wash.2d 359, 368 , 635 P.2d 721 (1981), "announced that the inexcusable neglect requirement applied to joinder of additional parties, but never stated that the requirement applied to cases of substitution to correct a mistaken identity," and that because Nepstad was a case of mistaken identity, inexcusable neglect should not in itself bar the relation back of the amendment.

2006App. at 467 . ¶25 Our analysis was that our Supreme Court in North Street Ass’n, 96 Wn.2d at 368 , “announced that the inexcusable neglect requirement applied to joinder of additional parties, but never stated that the requirement applied to cases of substitution to correct a mistaken identity” and that because Nepstad was a case of mistaken identity, inexcusable neglect should not in itself bar the relation back of the amendment.

22006–2006
Tellinghuisen v. King County Council green
wash · 1984
2 sentences

2002S. Hollywood Hills, 101 Wn.2d at 77-78 ; Tellinghuisen v. King County Council, 103 Wn.2d 221, 223-24 , 691 P.2d 575 (1984) (per curiam).

2002S. Hollywood Hills, 101 Wn.2d at 77-78 ; Tellinghuisen v. King County Council, 103 Wn.2d 221, 223-24 , 691 P.2d 575 (1984) (per curiam).

22002–2002
Caruso v. Local Union No. 690 green
wash · 1983
2 sentences

2002In Caruso, 100 Wash.2d at 351 , 670 P.2d 240 , the court held that an amendment adding a new claim related back, though it was filed five years and four months after the original, and less than a month before trial.

2002In Caruso, 100 Wn.2d at 351 , the court held that an amendment adding a new claim related back, though it was filed five years and four months after the original, and less than a month before trial.

22002–2002
South Hollywood Hills Citizens Ass'n v. King County green
wash · 1984
2 sentences

2002S. Hollywood Hills, 101 Wash.2d at 77-78 , 677 P.2d 114 ; Tellinghuisen v. King County Council, 103 Wash.2d 221, 223-24 , 691 P.2d 575 (1984) (per curiam).

2002S. Hollywood Hills, 101 Wn.2d at 77-78 ; Tellinghuisen v. King County Council, 103 Wn.2d 221, 223-24 , 691 P.2d 575 (1984) (per curiam).

22002–2002
Beal v. City of Seattle green
wash · 1998
2 sentences

2014Beal for Martinez v. City of Seattle. 134 Wn.2d 769 , 954 P.2d 237 (1998).

2014Beal for Martinez v. City of Seattle. 134 Wn.2d 769 , 954 P.2d 237 (1998).

12014–2014
Miller v. Campbell green
wash · 2008
2 sentences

2014Id.; Miller v. Campbell, 164 Wn.2d 529 , 192 P.3d 352 (2008).

2014Id.; Miller v. Campbell, 164 Wn.2d 529 , 192 P.3d 352 (2008).

12014–2014
Townsend v. Sain red
scotus · 1963
2 sentences

2004McCleskey, 499 U.S. at 489 , 111 S.Ct. 1454 (citing Sanders, 373 U.S. at 18 , 83 S.Ct. 1068 (citing Townsend v. Sain, 372 U.S. 293, 317 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), overruled on other grounds by, Keeney v. Tamayo-Reyes, 504 U.S. 1 , 112 S.Ct. 1715 , 118 L.Ed.2d 318 (1992))). [6] In clarifying that an inexcusable neglect standard applies rather than deliberate withholding, we emphasize that an abuse of the writ may be found where there is no ill intent or improper pursuit of goals such as prolonging postconviction review through piecemeal argument.

2004McCleskey, 499 U.S. at 489 , 111 S.Ct. 1454 (citing Sanders, 373 U.S. at 18 , 83 S.Ct. 1068 (citing Townsend v. Sain, 372 U.S. 293, 317 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), overruled on other grounds by, Keeney v. Tamayo-Reyes, 504 U.S. 1 , 112 S.Ct. 1715 , 118 L.Ed.2d 318 (1992))). [6] In clarifying that an inexcusable neglect standard applies rather than deliberate withholding, we emphasize that an abuse of the writ may be found where there is no ill intent or improper pursuit of goals such as prolonging postconviction review through piecemeal argument.

12004–2004
Sanders v. United States green
scotus · 1963
2 sentences

2004McCleskey, 499 U.S. at 489 , 111 S.Ct. 1454 (citing Sanders, 373 U.S. at 18 , 83 S.Ct. 1068 (citing Townsend v. Sain, 372 U.S. 293, 317 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), overruled on other grounds by, Keeney v. Tamayo-Reyes, 504 U.S. 1 , 112 S.Ct. 1715 , 118 L.Ed.2d 318 (1992))). [6] In clarifying that an inexcusable neglect standard applies rather than deliberate withholding, we emphasize that an abuse of the writ may be found where there is no ill intent or improper pursuit of goals such as prolonging postconviction review through piecemeal argument.

2004McCleskey, 499 U.S. at 489 , 111 S.Ct. 1454 (citing Sanders, 373 U.S. at 18 , 83 S.Ct. 1068 (citing Townsend v. Sain, 372 U.S. 293, 317 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), overruled on other grounds by, Keeney v. Tamayo-Reyes, 504 U.S. 1 , 112 S.Ct. 1715 , 118 L.Ed.2d 318 (1992))). [6] In clarifying that an inexcusable neglect standard applies rather than deliberate withholding, we emphasize that an abuse of the writ may be found where there is no ill intent or improper pursuit of goals such as prolonging postconviction review through piecemeal argument.

12004–2004
Keeney v. Tamayo-Reyes red
scotus · 1992
2 sentences

2004McCleskey, 499 U.S. at 489 , 111 S.Ct. 1454 (citing Sanders, 373 U.S. at 18 , 83 S.Ct. 1068 (citing Townsend v. Sain, 372 U.S. 293, 317 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), overruled on other grounds by, Keeney v. Tamayo-Reyes, 504 U.S. 1 , 112 S.Ct. 1715 , 118 L.Ed.2d 318 (1992))). [6] In clarifying that an inexcusable neglect standard applies rather than deliberate withholding, we emphasize that an abuse of the writ may be found where there is no ill intent or improper pursuit of goals such as prolonging postconviction review through piecemeal argument.

2004McCleskey, 499 U.S. at 489 , 111 S.Ct. 1454 (citing Sanders, 373 U.S. at 18 , 83 S.Ct. 1068 (citing Townsend v. Sain, 372 U.S. 293, 317 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), overruled on other grounds by, Keeney v. Tamayo-Reyes, 504 U.S. 1 , 112 S.Ct. 1715 , 118 L.Ed.2d 318 (1992))). [6] In clarifying that an inexcusable neglect standard applies rather than deliberate withholding, we emphasize that an abuse of the writ may be found where there is no ill intent or improper pursuit of goals such as prolonging postconviction review through piecemeal argument.

12004–2004
Stansfield v. Douglas County green
washctapp · 2001
1 sentence

2002Stansfield II, 107 Wash.App. at 32, 26 P.3d 935 .

12002–2002

Statutes the citing opinions construe

WA § Wash. Rev. Code § 4.16.080 (4)

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.

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