Legislature changed standard (Washington) · Go Syfert
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Legislature changed standard in Washington

7 Washington opinions name it 2 courts 2002–2025 1 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 (5)

CaseFollowedCited
Sperry & Hutchinson Company, Plff. In Err., Vgreen
scotus · 1911 · cited in 1 Washington opinions naming this issue, 2002–2002
2 sentences

2002Constitutional Law § 777 (1985)("[A] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection."); Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502, 505 , 31 S.Ct. 490, 491 , 55 L.Ed. 561, 563 (1911) ("[T]he 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time."); In re Moreno, 58 Cal.App.3d 740, 743 , 130 Cal.Rptr. 78, 80 (1976) (prospective application of amendment reducing penalty for an offense does not violate equal p

2002Constitutional Law § 777 (1985)("[A] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection."); Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502, 505 , 31 S.Ct. 490, 491 , 55 L.Ed. 561, 563 (1911) ("[T]he 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time."); In re Moreno, 58 Cal.App.3d 740, 743 , 130 Cal.Rptr. 78, 80 (1976) (prospective application of amendment reducing penalty for an offense does not violate equal p

11
In Re Morenogreen
calctapp · 1976 · cited in 1 Washington opinions naming this issue, 2002–2002
2 sentences

2002Constitutional Law § 777 (1985)("[A] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection."); Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502, 505 , 31 S.Ct. 490, 491 , 55 L.Ed. 561, 563 (1911) ("[T]he 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time."); In re Moreno, 58 Cal.App.3d 740, 743 , 130 Cal.Rptr. 78, 80 (1976) (prospective application of amendment reducing penalty for an offense does not violate equal p

2002Constitutional Law § 777 (1985)("[A] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection."); Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502, 505 , 31 S.Ct. 490, 491 , 55 L.Ed. 561, 563 (1911) ("[T]he 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time."); In re Moreno, 58 Cal.App.3d 740, 743 , 130 Cal.Rptr. 78, 80 (1976) (prospective application of amendment reducing penalty for an offense does not violate equal p

11
Venson Lane Myers v. Eddie S. Ylst, Wardengreen
ca9 · 1990 · cited in 1 Washington opinions naming this issue, 2002–2002
1 sentence

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

11
James Robert McQueary v. James Blodgett, Superintendent, Wsp Corrections, Dept of Indeterminate Sentencing Review Boardgreen
ca9 · 1991 · cited in 1 Washington opinions naming this issue, 2002–2002
1 sentence

2002Constitutional Law § 777 (1985)("[A] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection."); Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502, 505 , 31 S.Ct. 490, 491 , 55 L.Ed. 561, 563 (1911) ("[T]he 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time."); In re Moreno, 58 Cal.App.3d 740, 743 , 130 Cal.Rptr. 78, 80 (1976) (prospective application of amendment reducing penalty for an offense does not violate equal p

11
Robert Patrick Powell v. Kenneth Ducharme, Superintendent, Washington State Reformatorygreen
ca9 · 1993 · cited in 1 Washington opinions naming this issue, 2002–2002
1 sentence

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

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
In re the Personal Restraint of Stanphill green
wash · 1998
2 sentences

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

2002Restraint of Stanphill, 134 Wn.2d 165, 175 , 949 P.2d 365 (1998) (equal protection is not violated “merely because the Legislature changed the standard sentencing range for a crime” or “changed its view of criminal punishment which resulted in offenders being subject to different punishment schemes”); Fuller v. Dep’t of Ret.

72002–2025
Matter of Stanphill green
wash · 1998
2 sentences

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

2002Restraint of Stanphill, 134 Wn.2d 165, 175 , 949 P.2d 365 (1998) (equal protection is not violated “merely because the Legislature changed the standard sentencing range for a crime” or “changed its view of criminal punishment which resulted in offenders being subject to different punishment schemes”); Fuller v. Dep’t of Ret.

72002–2025
State v. Ross green
wash · 2009
2 sentences

2009The court held that “a defendant’s equal protection rights are not violated ‘merely because the Legislature changed the standard sentencing range for a crime’ or ‘changed its view of criminal punishment which resulted in offenders being subject to different punishment schemes.’ ” Id. at 240-41 (quoting In re Pers.

2009The court held that: "a defendant's equal protection rights are not violated `merely because the Legislature changed the standard sentencing range for a crime' or `changed its view of criminal punishment which resulted in offenders being subject to different punishment schemes.'" Id. at 240-41, 95 P.3d 1225 (quoting In re Pers.

22009–2009
Reedy v. Reedy green
washctapp · 1975
2 sentences

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

22002–2002
Fuller v. Department of Retirement Systems neutral
wash · 1986
2 sentences

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

2002RCW 10.01.040 provides in pertinent part, "Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act...." [16] S.S.H.B. 2338 § 29. [17] See Myers v. Ylst, 897 F.2d 417, 421 (9th Cir.1990); Powell v. Ducharme 998 F.2d 710, 716 (9th Cir.1993). [18] In re Stanphill, 134 Wash.2d 165, 175 , 949 P.2d 365 (1998)(equal protection is

22002–2002
State v. Ross green
wash · 2004
1 sentence

2025As the State correctly notes, it has long been the law of this state “that a defendant’s equal protection rights are not violated ‘merely because the Legislature changed the standard sentencing range for a crime’ or ‘changed its view of criminal punishment which resulted in offenders being subject to different punishment schemes.’ ” Ross, 152 Wn.2d at 240 -41 (quoting In re Pers.

12025–2025
State v. Standifer neutral
kanctapp · 1997
2 sentences

2002Constitutional Law § 777 (1985)("[A] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection."); Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502, 505 , 31 S.Ct. 490, 491 , 55 L.Ed. 561, 563 (1911) ("[T]he 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time."); In re Moreno, 58 Cal.App.3d 740, 743 , 130 Cal.Rptr. 78, 80 (1976) (prospective application of amendment reducing penalty for an offense does not violate equal p

2002Constitutional Law § 777 (1985)("[A] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection."); Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502, 505 , 31 S.Ct. 490, 491 , 55 L.Ed. 561, 563 (1911) ("[T]he 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time."); In re Moreno, 58 Cal.App.3d 740, 743 , 130 Cal.Rptr. 78, 80 (1976) (prospective application of amendment reducing penalty for an offense does not violate equal p

12002–2002

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9.94A.525 (7) WA § Wash. Rev. Code § 10.01.040 (5) WA § Wash. Rev. Code § 9.94A.030 (4) WA § Wash. Rev. Code § 9.94A.345 (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

WA 7 (2002–2025) CA 6 (1958–2002) AR 4 (1916–1986) OR 3 (1980–2010) LA 3 (1942–1987) MI 2 (1982–1988) WI 2 (1959–1986) NY 2 (1947–1949) TX 2 (1985–1985) TN 2 (2025–2026) IL 2 (2010–2010)

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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