spoliation instruction (Washington) · Go Syfert
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spoliation instruction in Washington

7 Washington opinions name it 1 courts 2006–2021 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 (1)

CaseFollowedCited
Henderson v. Tyrrellgreen
washctapp · 1996 · cited in 3 Washington opinions naming this issue, 2014–2021
2 sentences

2021Indeed, Washington law regarding spoliation provides that “for a direct sanction to apply the spoliation must in some way be connected to the party against whom the sanction is directed.” Henderson v. Tyrrell, 80 Wn.

2014See Henderson v. Tyrrell, 80 Wn.

13

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 (4)

CaseCitedYears
Tavai v. Walmart Stores, Inc. green
washctapp · 2013
2 sentences

2015In determining a party's culpability or fault in the destruction of evidence, "[w]e examine whether the party acted in bad faith or No. 71424-4-1/6 conscious disregard of the importance of the evidence or whether there was some innocent explanation for the destruction." Tavai. 176 Wn.

2014Tavai, 176 Wn.

22014–2015
National Railroad Passenger Corporation v. Morgan green
scotus · 2002
2 sentences

2006Thus, the spoliation rule does not apply. 536 U.S. 101 , 122 S. Ct. 2061 , 153 L.

2006Thus, the spoliation rule does not apply. 536 U.S. 101 , 122 S. Ct. 2061 , 153 L.

22006–2006
United States v. Victor Sivilla green
ca9 · 2013
1 sentence

2021The trial court denied Derri’s proposed instruction, reasoning, among other things, that “Sivilla is distinguishable because it was a spoliation case.” Indeed, the Sivilla court held that a defendant was entitled to a spoliation instruction because, in relevant part, “evidence was destroyed while in the government’s custody.” 714 F.3d at 1173 .

12021–2021
State v. Ammons green
wash · 2005
1 sentence

2021Indeed, “[t]he defendant’s declaration under oath will suspend the use of the prior conviction in assessing the presumptive standard sentence range until the State proves by independent evidence . . . that the defendant before the court for sentencing and named in the prior conviction are the same.” Ammons, 105 Wn.2d at 190 . 13 Neither was Derri entitled to a spoliation instruction.

12021–2021

Where else courts name it

TX 192 (1998–2026) NY 87 (1999–2026) IL 33 (1986–2025) OH 30 (2001–2026) IA 27 (1987–2026) GA 21 (2007–2025) RI 20 (1999–2025) PA 19 (1997–2022) FL 17 (1991–2025) MO 16 (1977–2025) MA 14 (1996–2025) CA 14 (1990–2023) IN 13 (1999–2025) MS 11 (2002–2020) ID 9 (1995–2023) NC 8 (2008–2025) MD 8 (2009–2021) CT 7 (1998–2020) WA 7 (2006–2021) LA 7 (2006–2024) AL 6 (1999–2015) SD 6 (2003–2025) NJ 6 (1993–2021) DC 5 (1990–2010) WI 5 (2002–2026) AZ 4 (2009–2023) WV 4 (2003–2018) MI 4 (2016–2020) AR 3 (1919–2024) MN 3 (1990–2018) TN 3 (2015–2018) KY 3 (2011–2023) AK 3 (1988–2021) HI 2 (2003–2025) UT 2 (1994–2014) DE 2 (2018–2025) NV 2 (2006–2010) CO 2 (2020–2021) VT 2 (2005–2023)

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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