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7 Washington opinions name it 2 courts 1978–2004 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.
| Case | Followed | Cited |
|---|---|---|
State v. Wanrowgreen2 sentences1978Although the use of an erroneous instruction is presumptively prejudicial, State v. Wanrow, 88 Wn.2d 221 , 559 P.2d 548 (1977); State v. Golladay, 78 Wn.2d 121 , 470 P.2d 191 (1970), we feel that the record affirmatively establishes that the giving of instruction No. 9 was harmless error, not affecting the final outcome of the case. 1978Although the use of an erroneous instruction is presumptively prejudicial, State v. Wanrow, 88 Wn.2d 221 , 559 P.2d 548 (1977); State v. Golladay, 78 Wn.2d 121 , 470 P.2d 191 (1970), we feel that the record affirmatively establishes that the giving of instruction No. 9 was harmless error, not affecting the final outcome of the case. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
United States v. Halperred2 sentences1999Accordingly, despite the fact that the case law clearly establishes the proper double jeopardy test to apply, Turay is advocating the use of an erroneous test. 27 In an attempt to buttress his “as applied” challenge, Turay cites United States v. Halper, 490 U.S. 435 , 109 S. Ct. 1892 , 104 L. 1999Accordingly, despite the fact that the case law clearly establishes the proper double jeopardy test to apply, Turay is advocating the use of an erroneous test. 27 In an attempt to buttress his “as applied” challenge, Turay cites United States v. Halper, 490 U.S. 435 , 109 S. Ct. 1892 , 104 L. | 1 | 2 |
| Case | Cited | Years |
|---|---|---|
Hudson v. United States
green
2 sentences1999Accordingly, despite the fact that the case law clearly establishes the proper double jeopardy test to apply, Turay is advocating the use of an erroneous test. [27] In an attempt to buttress his "as applied" challenge, Turay cites United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892 , 104 L.Ed.2d 487 (1989), overruled by Hudson v. United States, 522 U.S. 93 , 118 S.Ct. 488, 493 , 139 L.Ed.2d 450 (1997), as standing for the proposition that a civil or criminal sanction constitutes punishment when the sanction as applied in the particular case serves the goals of punishment. 1999Accordingly, despite the fact that the case law clearly establishes the proper double jeopardy test to apply, Turay is advocating the use of an erroneous test. [27] In an attempt to buttress his "as applied" challenge, Turay cites United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892 , 104 L.Ed.2d 487 (1989), overruled by Hudson v. United States, 522 U.S. 93 , 118 S.Ct. 488, 493 , 139 L.Ed.2d 450 (1997), as standing for the proposition that a civil or criminal sanction constitutes punishment when the sanction as applied in the particular case serves the goals of punishment. | 2 | 1999–1999 |
State v. Crane
green
2 sentences1998However, "the use of an erroneous instruction is presumptively prejudicial and is considered harmless error only when the record affirmatively establishes that the manner in which the instruction was worded could have no effect on the outcome...." State v. Crane, 116 Wash.2d 315, 331 , 804 P.2d 10 (emphasis added), cert. denied, 501 U.S. 1237 , 111 S.Ct. 2867 , 115 L.Ed.2d 1033 (1991). 1998However, "the use of an erroneous instruction is presumptively prejudicial and is considered harmless error only when the record affirmatively establishes that the manner in which the instruction was worded could have no effect on the outcome...." State v. Crane, 116 Wash.2d 315, 331 , 804 P.2d 10 (emphasis added), cert. denied, 501 U.S. 1237 , 111 S.Ct. 2867 , 115 L.Ed.2d 1033 (1991). | 2 | 1998–1998 |
Reuvelta v. United States
green
2 sentences1998However, “the use of an erroneous instruction is presumptively prejudicial and is considered harmless error only when the record affirmatively establishes that the manner in which the instruction was worded could have no effect on the outcome . . . .” State v. Crane, 116 Wn.2d 315, 331 , 804 P.2d 10 (emphasis added), cert. denied, 501 U.S. 1237 , 111 S. Ct. 2867 , 115 L. 1998However, "the use of an erroneous instruction is presumptively prejudicial and is considered harmless error only when the record affirmatively establishes that the manner in which the instruction was worded could have no effect on the outcome...." State v. Crane, 116 Wash.2d 315, 331 , 804 P.2d 10 (emphasis added), cert. denied, 501 U.S. 1237 , 111 S.Ct. 2867 , 115 L.Ed.2d 1033 (1991). | 2 | 1998–1998 |
Lockhart v. Collins
green
2 sentences1998However, "the use of an erroneous instruction is presumptively prejudicial and is considered harmless error only when the record affirmatively establishes that the manner in which the instruction was worded could have no effect on the outcome...." State v. Crane, 116 Wash.2d 315, 331 , 804 P.2d 10 (emphasis added), cert. denied, 501 U.S. 1237 , 111 S.Ct. 2867 , 115 L.Ed.2d 1033 (1991). 1998However, "the use of an erroneous instruction is presumptively prejudicial and is considered harmless error only when the record affirmatively establishes that the manner in which the instruction was worded could have no effect on the outcome...." State v. Crane, 116 Wash.2d 315, 331 , 804 P.2d 10 (emphasis added), cert. denied, 501 U.S. 1237 , 111 S.Ct. 2867 , 115 L.Ed.2d 1033 (1991). | 2 | 1998–1998 |
Neder v. United States
green
2 sentences2004In order to conduct its [harmless error] analysis, the Neder [ v. United States, 527 U.S. 1, 9 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999)] court set forth the following test for determining whether a constitutional error is harmless: "[W]hether it appears `beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.'" Neder, 527 U.S. at 15 *1257 [ 119 S.Ct. 1827 ] (quoting Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967)). 2004In order to conduct its [harmless error] analysis, the Neder [ v. United States, 527 U.S. 1, 9 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999)] court set forth the following test for determining whether a constitutional error is harmless: "[W]hether it appears `beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.'" Neder, 527 U.S. at 15 *1257 [ 119 S.Ct. 1827 ] (quoting Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967)). | 1 | 2004–2004 |
Chapman v. California
red
2 sentences2004In order to conduct its [harmless error] analysis, the Neder [ v. United States, 527 U.S. 1, 9 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999)] court set forth the following test for determining whether a constitutional error is harmless: "[W]hether it appears `beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.'" Neder, 527 U.S. at 15 *1257 [ 119 S.Ct. 1827 ] (quoting Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967)). 2004In order to conduct its [harmless error] analysis, the Neder [ v. United States, 527 U.S. 1, 9 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999)] court set forth the following test for determining whether a constitutional error is harmless: "[W]hether it appears `beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.'" Neder, 527 U.S. at 15 *1257 [ 119 S.Ct. 1827 ] (quoting Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967)). | 1 | 2004–2004 |
State v. Jackson
green
2 sentences1991State v. Wanrow, 88 Wn.2d 221, 237 , 559 P.2d 548 (1977); State v. Jackson, 112 Wn.2d 867, 877 , 774 P.2d 1211 (1989). 1991State v. Wanrow, 88 Wn.2d 221, 237 , 559 P.2d 548 (1977); State v. Jackson, 112 Wn.2d 867, 877 , 774 P.2d 1211 (1989). | 1 | 1991–1991 |
State v. Golladay
green
2 sentences1978Although the use of an erroneous instruction is presumptively prejudicial, State v. Wanrow, 88 Wn.2d 221 , 559 P.2d 548 (1977); State v. Golladay, 78 Wn.2d 121 , 470 P.2d 191 (1970), we feel that the record affirmatively establishes that the giving of instruction No. 9 was harmless error, not affecting the final outcome of the case. 1978Although the use of an erroneous instruction is presumptively prejudicial, State v. Wanrow, 88 Wn.2d 221 , 559 P.2d 548 (1977); State v. Golladay, 78 Wn.2d 121 , 470 P.2d 191 (1970), we feel that the record affirmatively establishes that the giving of instruction No. 9 was harmless error, not affecting the final outcome of the case. | 1 | 1978–1978 |
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.