State v. Powell’s Empirical Analysis

Citation profile

11 state decisions

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Generally, an appellate court may refuse to entertain a claim of error not raised before the trial court. RAP 2.5(a). An exception exists for a claim of manifest error affecting a constitutional right. [RAP 2.5(a).] In order to benefit from this exception, “the [defendant] must identify a constitutional error and show how the alleged error actually affected the [defendant’s rights at trial.” A constitutional error is manifest if the appellant can show actual prejudice, i.e., there must be a “plausible showing by the [defendant] that the asserted error had practical and identifiable consequences in the trial of the case.” If an error of constitutional magnitude is manifest, it may nevertheless be harmless.”

   2 later decisions quote this exact passage
   e.g. State v. Grimes · State Of Washington v. Raphael Anton Henson

2. “We adopt a strict approach because trial counsel's failure to object to the error robs the court of the opportunity to correct the error and avoid a retrial.”

   2 later decisions quote this exact passage
   e.g. State Of Washington v. Raphael Anton Henson · 164 Wash. App. 392 - State v. Fenwick

3. “Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”

   1 later decision quote this exact passage · from the dissent
   e.g. 168 Wash. App. 438 - PARROTT-HORJES v. Rice