Topic: the defendant must show by a preponderance of the evidence … · Go Syfert
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Topic #24350

5 canonical passages across 4 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Martinez.

#Case FlagCanonical passage Citers
1 State v. Martinez Anchor
washctapp · 2004
green “the defendant must show by a preponderance of the evidence both (1) arbitrary action or governmental misconduct, and (2) actual prejudice affecting the defendant's right to a fair trial.” 4
2 State v. Brooks
washctapp · 2009
green “materially affected the defendant's right to a fair trial.” 4
3 State v. Flinn
washctapp · 2003
neutral “an extraordinary remedy used only in truly egregious cases.” 3
4 State v. Flinn
washctapp · 2003
neutral “an extraordinary remedy used only in truly egregious cases.” 3
5 State v. Martinez
washctapp · 2004
green “if it rests on facts unsupported in the record or was reached by applying the wrong legal standard.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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