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6 Washington opinions name it 2 courts 1987–2021 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.
| Case | Followed | Cited |
|---|---|---|
State v. Miffittgreen2 sentences1990Compare State v. Miffitt, 56 Wn. 1990Compare State v. Miffitt, 56 Wn. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Brand
green
1 sentence2021Mr. Weber challenges the denial of his motion for a new trial based on the evidence that led to the acquittal and dismissal of charges against his cellmates, characterizing it as “evidence newly-discovered.” (SAG 6 and 8). “[I]n the context of ‘newly discovered evidence,’ a collateral attack is based on ‘similar grounds’ unless the current evidence is significantly different in either quantum or quality from the evidence presented in a previous collateral attack.” Brand, 120 Wn.2d at 370 . | 1 | 2021–2021 |
Kasiem v. Switz
green
1 sentence2013Kasiem v. Switz. 756 F. Supp. 2d 570 , -7- No. 66151-5-1/8 577 (S.D.N.Y. 2010). | 1 | 2013–2013 |
State v. Hieb
green
2 sentences1989Ohio v. Roberts, supra, is not authority for requiring a showing of unavailability for admission of an excited utterance. 5 Neither the United States Supreme Court nor this court has decided whether the confrontation clause requires a *796 showing of unavailability for admission of excited utterances. 6 This court considered a confrontation clause challenge, but did not address the unavailability requirement because it found the asserted error harmless. 7 State v. Hieb, 107 Wn.2d 97 , 727 P.2d 239 (1986). 1989Ohio v. Roberts, supra, is not authority for requiring a showing of unavailability for admission of an excited utterance. 5 Neither the United States Supreme Court nor this court has decided whether the confrontation clause requires a *796 showing of unavailability for admission of excited utterances. 6 This court considered a confrontation clause challenge, but did not address the unavailability requirement because it found the asserted error harmless. 7 State v. Hieb, 107 Wn.2d 97 , 727 P.2d 239 (1986). | 1 | 1989–1989 |
United States v. Inadi
green
1 sentence1989Ed. 2d 390 , 106 S. Ct. 1121 (1986) may presage some retreat from the unavailability requirement of Roberts . | 1 | 1989–1989 |
State v. Sweeney
green
1 sentence1989State v. Sweeney, supra, did not reach the confrontation clause issue, but merely analyzed the unavailability requirement under the Rules of Evidence. | 1 | 1989–1989 |
Government of the Virgin Islands v. Vidal Galdon Aquino, Government of the Virgin Islands v. Ishmael Guillerma Reyes
green
1 sentence1987However, no further factual showing was made that would permit us even to consider how the expense of obtaining a witness' presence or the type of charge might affect the State's obligation to obtain the witness' presence by process or "other reasonable means." See Government of V.I. v. Aquino, supra. We emphasize that the foregoing discussion is intended neither to delineate precisely how much the State was required to do in the instant case nor to exhaust the possible considerations that might affect the unavailability requirement of ER 804 when the witness is in a foreign country. | 1 | 1987–1987 |
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.