20 Wash. App. 637 - State v. Deiro’s Empirical Analysis
1978
Citation profile
2
cited by 2 later decisions
1
states following
September 1982
most recently cited
2 state decisions
Relationships
Relies on Turner v. United States · 87 Wash. 2d 829 - State v. Kroll · 79 Wash. 2d 512 - State v. Randecker · 83 Wash. 2d 541 - State v. Odom · 88 Wash. 2d 518 - State v. Thompson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the second part of the instruction could confuse a jury under different circumstances. Similar language was held to be a necessary part of an instruction based upon the superseded [presumption of intent] statute. State v. Briand, 15 Wn. App. 352 , 549 P.2d 29 (1976). However, when this language is added to an "inference" instruction based upon RCW 9A.52.040, it could be read to imply that intent is to be "presumed" in absence of "evidence satisfactory to the jury."... The qualifying language, added to the inference instruction, could, in some cases, emphasize the fact that there is no evidence to explain a defendant's intent when unlawfully entering or remaining in a building. When there is no such evidence, the better rule would be to delete the language.”
1 later decision quote this exact passagee.g. State v. MacReady“instruction based upon RCW 9A.52.040, it could be read to imply that intent is to be”
1 later decision quote this exact passagee.g. State v. MacReady
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.