reversal bar (Washington) · Go Syfert
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reversal bar in Washington

6 Washington opinions name it 2 courts 1926–2016 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Washington.

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 (9)

CaseCitedYears
Department of Ecology v. United States Bureau of Reclamation green
wash · 1992
2 sentences

2016Dep't of Ecology v. U.S. Bureau of Reclamation, 118 Wn.2d 761, 767 , 827 P.2d 275 (1992).9 A party seeking a reversal under this standard must show that the discretion was exercised in a manner which was manifestly unreasonable or exercised on untenable grounds or for untenable reasons.

2016Dep't of Ecology v. U.S. Bureau of Reclamation, 118 Wn.2d 761, 767 , 827 P.2d 275 (1992).9 A party seeking a reversal under this standard must show that the discretion was exercised in a manner which was manifestly unreasonable or exercised on untenable grounds or for untenable reasons.

22016–2016
Hudson v. Louisiana green
scotus · 1981
2 sentences

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S. Ct. 970 , 67 L.

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S. Ct. 970 , 67 L.

22009–2009
State v. Eggleston green
wash · 2008
1 sentence

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S.Ct. 970 , 67 L.Ed.2d 30 (1981)). ¶ 21 In death penalty cases, the double jeopardy clause prevents "retrying a defendant on aggravating factors ..., when a previous jury ha[s] rejected imposition of the death penalty." Eggleston, 164 Wash.2d at 70 , 187 P.3d 233 (emphasis added) (citing Bullington v. Missouri, 451 U.S. 430, 446 , 101 S.Ct. 1852 , 68 L.Ed.2d 270 (1981)).

12009–2009
State v. Eggleston green
wash · 2008
1 sentence

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S.Ct. 970 , 67 L.Ed.2d 30 (1981)). ¶ 21 In death penalty cases, the double jeopardy clause prevents "retrying a defendant on aggravating factors ..., when a previous jury ha[s] rejected imposition of the death penalty." Eggleston, 164 Wash.2d at 70 , 187 P.3d 233 (emphasis added) (citing Bullington v. Missouri, 451 U.S. 430, 446 , 101 S.Ct. 1852 , 68 L.Ed.2d 270 (1981)).

12009–2009
Guichard v. Smith green
scotus · 1982
1 sentence

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S.Ct. 970 , 67 L.Ed.2d 30 (1981)). ¶ 21 In death penalty cases, the double jeopardy clause prevents "retrying a defendant on aggravating factors ..., when a previous jury ha[s] rejected imposition of the death penalty." Eggleston, 164 Wash.2d at 70 , 187 P.3d 233 (emphasis added) (citing Bullington v. Missouri, 451 U.S. 430, 446 , 101 S.Ct. 1852 , 68 L.Ed.2d 270 (1981)).

12009–2009
Anderson v. Washington green
scotus · 1982
1 sentence

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S. Ct. 970 , 67 L.

12009–2009
Bullington v. Missouri green
scotus · 1981
2 sentences

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S.Ct. 970 , 67 L.Ed.2d 30 (1981)). ¶ 21 In death penalty cases, the double jeopardy clause prevents "retrying a defendant on aggravating factors ..., when a previous jury ha[s] rejected imposition of the death penalty." Eggleston, 164 Wash.2d at 70 , 187 P.3d 233 (emphasis added) (citing Bullington v. Missouri, 451 U.S. 430, 446 , 101 S.Ct. 1852 , 68 L.Ed.2d 270 (1981)).

2009Id. (citing Hudson v. Louisiana, 450 U.S. 40 , 101 S.Ct. 970 , 67 L.Ed.2d 30 (1981)). ¶ 21 In death penalty cases, the double jeopardy clause prevents "retrying a defendant on aggravating factors ..., when a previous jury ha[s] rejected imposition of the death penalty." Eggleston, 164 Wash.2d at 70 , 187 P.3d 233 (emphasis added) (citing Bullington v. Missouri, 451 U.S. 430, 446 , 101 S.Ct. 1852 , 68 L.Ed.2d 270 (1981)).

12009–2009
Peoples State Bank v. Hickey green
washctapp · 1989
2 sentences

2005For this reason, the conduct must be such that the losing party was prevented from fully and fairly presenting its case or defense." Hickey, 55 Wash.App. at 372 , 777 P.2d 1056 ; see also WRIGHT, MILLER, & KANE, FEDERAL PRACTICE AND PROCEDURE § 2860 at 312. ¶ 35 The addition of the "opportunist" language to the declaration was critical to the establishment of concealed juror bias, which formed the basis for the reversal of the defense verdict.

2005For this reason, the conduct must be such that the losing party was prevented from fully and fairly presenting its case or defense." Hickey, 55 Wash.App. at 372 , 777 P.2d 1056 ; see also WRIGHT, MILLER, & KANE, FEDERAL PRACTICE AND PROCEDURE § 2860 at 312. ¶ 35 The addition of the "opportunist" language to the declaration was critical to the establishment of concealed juror bias, which formed the basis for the reversal of the defense verdict.

12005–2005
State v. Thompson green
wash · 1924
2 sentences

1926There can be discerned no difference either in language or in necessary effect between the instruction in this case and that in State v. Thompson, 132 Wash. 124 , 231 Pac. 461 , where an instruction on alibi complained of was this: • • “The law recognizes that the defense of an alibi is one easily fabricated, easy to prove and hard to. disprove.” Under the above authority' this instruction was prejudicially erroneous.

1926There can be discerned no difference either in language or in necessary effect between the instruction in this case and that in State v. Thompson, 132 Wash. 124 , 231 Pac. 461 , where an instruction on alibi complained of was this: • • “The law recognizes that the defense of an alibi is one easily fabricated, easy to prove and hard to. disprove.” Under the above authority' this instruction was prejudicially erroneous.

11926–1926

Where else courts name it

TX 224 (1911–2024) AL 36 (1845–2026) CA 20 (1903–2025) IL 20 (1884–2023) GA 15 (1904–2025) NY 15 (1877–2025) FL 11 (1977–2006) OH 10 (1926–2023) IN 10 (1887–2017) KY 9 (1902–2016) MO 8 (1884–2009) NJ 7 (1984–2024) ID 7 (1923–2021) MT 7 (1926–2010) AZ 7 (1949–2020) AR 6 (1985–2018) WA 6 (1926–2016) TN 6 (1926–2014) WI 5 (1877–2025) OK 5 (1913–1977) LA 4 (1996–2008) CT 4 (1958–2016) NC 3 (1967–2019) WY 3 (1906–2009) CO 3 (1952–2020) NM 3 (1928–2010) MN 3 (1916–1953) MS 3 (1990–1997) IA 3 (1946–1970) MA 3 (1981–2008) MI 2 (1904–1990) DC 2 (1990–1997)

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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