Topic: if the facts necessary to adjudicate the claimed error are … · Go Syfert
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Topic #4714

9 canonical passages across 6 cases, quoted by 71 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. McFarland.

#Case FlagCanonical passage Citers
1 State v. McFarland Anchor
wash · 1995
green “if the facts necessary to adjudicate the claimed error are not in the record on appeal, no actual prejudice is shown and the error is not manifest.” 42
2 State v. Afana
wash · 2010
green “arrested the passenger on the warrant.” 5
3 State v. Afana
wash · 2010
green “it is the state's burden to show that the automobile search incident to arrest exception applies” 5
4 State v. McCormack
wash · 1991
green “a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final” 4
5 State v. Mierz
washctapp · 1994
green “a risk of flight or destruction of evidence.” 3
6 State v. Tibbles
wash · 2010
green “(1) hot pursuit; (2) fleeing suspect; (3) danger to arresting officer or to the public; (4) mobility of the vehicle; (5) mobility or destruction of the evidence.” 3
7 State v. Tibbles
wash · 2010
green “at best, the state has shown it was expedient for trooper larsen to conduct the search as he did” 3
8 State v. Tibbles
wash · 2010
green “to find exigent circumstances based on these bare facts would set the stage for the exigent circumstances exception to swallow the general warrant requirement.” 3
9 State v. Wright
washctapp · 2010
green “fishing expedition in which the police thought they might discover evidence of some unrelated crime.” 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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