State to rebut presumption (Washington) · Go Syfert
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State to rebut presumption in Washington

6 Washington opinions name it 2 courts 1954–2018 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 (2)

CaseFollowedCited
Addington v. Texasgreen
scotus · 1979 · cited in 1 Washington opinions naming this issue, 1984–1984
2 sentences

1984See also Addington v. Texas, 441 U.S. 418 , 60 L.Ed.2d 323 , 99 S.Ct. 1804 (1979). [3] The Legislature, by requiring the State to rebut the presumption of incapacity, has assumed a greater burden than the minimal proof imposed by the preponderance of the evidence standard.

1984See also Addington v. Texas, 441 U.S. 418 , 60 L.Ed.2d 323 , 99 S.Ct. 1804 (1979). [3] The Legislature, by requiring the State to rebut the presumption of incapacity, has assumed a greater burden than the minimal proof imposed by the preponderance of the evidence standard.

11
State v. Amundsengreen
wash · 1950 · cited in 1 Washington opinions naming this issue, 1954–1954
1 sentence

1954See State v. Amundsen, 37 Wn. (2d) 356, 223 P. (2d) 1067 (1950); State v. Smith, 43 Wn. (2d) 307, 261 P. (2d) 109 (1953); State v. Rose, 43 Wn. (2d) 553, 262 P. (2d) 194 (1953), and cases cited.

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 (10)

CaseCitedYears
Arkansas v. Sanders red
scotus · 1979
2 sentences

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

21989–1992
State v. Peña Fuentes green
wash · 2014
1 sentence

2018Id. at 820 .

12018–2018
State v. Harris green
wash · 1990
2 sentences

2013At the initial competency hearing in this case, the juvenile court relied on State v. Harris when it erroneously ruled that the burden of proof was on Tate.31 But Harris does not control this case. 28 Id, at § 904. 2914 30 Id. 31 Report of Proceedings (June 21, 2011) at 103-04 (citing State v. Harris, 114 Wn.2d 419 , 789 P.2d 60 (1990)).

2013At the initial competency hearing in this case, the juvenile court relied on State v. Harris when it erroneously ruled that the burden of proof was on Tate.31 But Harris does not control this case. 28 Id, at § 904. 2914 30 Id. 31 Report of Proceedings (June 21, 2011) at 103-04 (citing State v. Harris, 114 Wn.2d 419 , 789 P.2d 60 (1990)).

12013–2013
State v. Leach green
wash · 1989
2 sentences

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

11992–1992
Ferree v. Doric Co. green
wash · 1963
2 sentences

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

11992–1992
State v. Fellers green
washctapp · 1984
1 sentence

1992Ed. 2d 235 , 99 S. Ct. 2586 (1979)). 16 State v. Clark, supra. 17 See also Const, art. 1, § 22 (amend. 10) (an accused has the right to a speedy public trial by an impartial jury and the right to appeal in all cases). 18 See generally State v. Fellers, 37 Wn.

11992–1992
State v. Dailey green
wash · 1980
2 sentences

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

11992–1992
Metropolitan Park District of Tacoma v. Griffith green
wash · 1986
2 sentences

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

1992App. at 859 (failure to enter written findings and conclusions as required by CrR 3.6 held harmless error because the court's oral opinion was comprehensive). 13 See State v. Dailey, 93 Wn.2d 454, 458 , 610 P.2d 357 (1980) (a trial court's oral statements are merely a verbal expression of its informal opinion at the *207 time, "necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned.'") (quoting Ferree v. Doric Co., 62 Wn.2d 561, 567 , 383 P.2d 900 (1963)). 14 Metropolitan Park Dist. v. Griffith, 106 Wn.2d 425, 433 , 723 P.2d 1093 (1986). 1

11992–1992
State v. Smith green
wash · 1953
1 sentence

1954See State v. Amundsen, 37 Wn. (2d) 356, 223 P. (2d) 1067 (1950); State v. Smith, 43 Wn. (2d) 307, 261 P. (2d) 109 (1953); State v. Rose, 43 Wn. (2d) 553, 262 P. (2d) 194 (1953), and cases cited.

11954–1954
State v. Rose green
wash · 1953
1 sentence

1954See State v. Amundsen, 37 Wn. (2d) 356, 223 P. (2d) 1067 (1950); State v. Smith, 43 Wn. (2d) 307, 261 P. (2d) 109 (1953); State v. Rose, 43 Wn. (2d) 553, 262 P. (2d) 194 (1953), and cases cited.

11954–1954

Where else courts name it

IN 26 (1973–2019) TX 24 (1923–2025) MD 16 (1989–2025) GA 15 (1975–2008) TN 13 (1980–2021) IL 13 (1974–2022) CT 11 (1977–2024) MT 8 (1987–2026) NM 6 (1931–2019) WA 6 (1954–2018) FL 6 (1974–2009) MS 4 (1946–2013) MO 4 (1987–2021) OH 4 (2000–2018) AL 3 (1978–2014) PA 3 (1975–2008) LA 3 (1973–1998) AZ 3 (1991–2025) NJ 3 (1986–2022) HI 3 (1997–2004) WV 2 (1989–2003) RI 2 (1984–1987) NV 2 (1997–2019) IA 2 (2018–2020) OR 2 (1982–1991)

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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