Townsend error (Washington) · Go Syfert
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Townsend error in Washington

7 Washington opinions name it 2 courts 1999–2020 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 (3)

CaseFollowedCited
State v. Rafaygreen
washctapp · 2012 · cited in 1 Washington opinions naming this issue, 2020–2020
2 sentences

2020See State v. Rafay, 168 Wn. App. 734, 779 , 285 P.3d 83 (2012)(finding that informing the jury panel that a case did not involve the death penalty could be a legitimate strategic tactic, "[i]n light ofthe highly publicized circumstances"); Br. of Amicus Curiae WAPA at 4-20 (calling for us to overturn Townsend).

2020See State v. Rafay, 168 Wn. App. 734, 779 , 285 P.3d 83 (2012)(finding that informing the jury panel that a case did not involve the death penalty could be a legitimate strategic tactic, "[i]n light ofthe highly publicized circumstances"); Br. of Amicus Curiae WAPA at 4-20 (calling for us to overturn Townsend).

11
State v. Hicksgreen
wash · 2008 · cited in 1 Washington opinions naming this issue, 2019–2019
2 sentences

2019See Hicks, 163 Wn.2d at 488 .

2019See Hicks, 163 Wn.2d at 488 .

11
State v. Davisgreen
wash · 1992 · cited in 1 Washington opinions naming this issue, 2008–2008
2 sentences

2008See State v. Davis, 119 Wash.2d 657, 664-65 , 835 P.2d 1039 (1992) ("[f]irst, the defendant must show that counsel's performance was deficient . . . requir[ing] showing that counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment" (alterations in original) (quoting Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984))).

2008See State v. Davis, 119 Wash.2d 657, 664-65 , 835 P.2d 1039 (1992) ("[f]irst, the defendant must show that counsel's performance was deficient . . . requir[ing] showing that counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment" (alterations in original) (quoting Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984))).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Masonyellow
wash · 2007 · cited in 1 Washington opinions naming this issue, 2008–2008
2 sentences

2008But cf. State v. Mason, 160 Wash.2d 910, 931 , 162 P.3d 396 (2007) ( Townsend error can be harmless). ¶ 44 I write separately solely on the issue of whether this technical error on defense counsel's part amounts to deficient performance thus meeting the first element of ineffective assistance of counsel.

2008But cf. State v. Mason, 160 Wash.2d 910, 931 , 162 P.3d 396 (2007) ( Townsend error can be harmless). ¶ 44 I write separately solely on the issue of whether this technical error on defense counsel's part amounts to deficient performance thus meeting the first element of ineffective assistance of counsel.

11

Also cited on this issue (5)

CaseCitedYears
State v. Lord red
wash · 1992
2 sentences

2001State v. Lord, 117 Wash.2d 829, 883 , 822 P.2d 177 (1991).

2001State v. Lord, 117 Wash.2d 829, 883 , 822 P.2d 177 (1991).

22001–2001
State v. Gregory green
wash · 2018
2 sentences

2020State v. Gregory, 192 Wn.2d 1 ,19, 427 P.3d 621 (2018).

2020State v. Gregory, 192 Wn.2d 1 ,19, 427 P.3d 621 (2018).

12020–2020
State v. Nelson green
wash · 1985
1 sentence

2018Nelson, 103 Wn.2d at 764 ; In re Pers.

12018–2018
Strickland v. Washington green
scotus · 1984
2 sentences

2008See State v. Davis, 119 Wash.2d 657, 664-65 , 835 P.2d 1039 (1992) ("[f]irst, the defendant must show that counsel's performance was deficient . . . requir[ing] showing that counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment" (alterations in original) (quoting Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984))).

2008See State v. Davis, 119 Wash.2d 657, 664-65 , 835 P.2d 1039 (1992) ("[f]irst, the defendant must show that counsel's performance was deficient . . . requir[ing] showing that counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment" (alterations in original) (quoting Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984))).

12008–2008
State v. Pirtle green
wash · 1995
2 sentences

1999II Proof of Premeditation A charge of first degree murder requires the State to prove premeditation for “ ‘more than a moment in point of time,’ RCW 9A.32.020(1), but mere opportunity to deliberate is not sufficient to support a finding of premeditation.” State v. Pirtle, 127 Wn.2d 628, 644 , 904 P.2d 245 (1995).

1999II Proof of Premeditation A charge of first degree murder requires the State to prove premeditation for “ ‘more than a moment in point of time,’ RCW 9A.32.020(1), but mere opportunity to deliberate is not sufficient to support a finding of premeditation.” State v. Pirtle, 127 Wn.2d 628, 644 , 904 P.2d 245 (1995).

11999–1999

Where else courts name it

TX 9 (1972–2020) IL 9 (2008–2021) WA 7 (1999–2020) AR 6 (2007–2025) NY 5 (1975–1978) MN 5 (1998–2024) FL 4 (1992–2018) WI 3 (2004–2025) MS 3 (2005–2019) CA 3 (1986–2016) GA 2 (1968–1996) AL 2 (2000–2000) IN 2 (2015–2015) MO 2 (1975–2022)

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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