87 Wash. App. 801 - State v. Jackson’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Participant means an accomplice. A person is an accomplice in the commission of a crime if, with knowledge that it will promote or facilitate the commission of the crime, he or she either: (1) solicits, commands, encourages, or requests another person to commit the crime or (2) aids or agrees to aid another person in planning or committing the crime. The word "aid" means all assistance whether given by words, acts, encouragement, support or presence. A person who is present at the scene and ready to assist by his or her presence is aiding in the commission of the crime. Unless there is a legal duty to act, more than mere presence and knowledge of the criminal activity of another must be shown to establish that a person present is an accomplice; a legal duty exists for a parent to come to the aid of their small children if physically capable of doing so.”

   2 later decisions quote this exact passage
   e.g. State v. Jackson · State v. Berube

2. “In some appeals that involve omissions or misstatements of elements in jury instructions ... a harmless error analysis may be undertaken. But only if the misstatement or omission does not prevent the jury from actually considering the element. When the jury, as instructed, necessarily found facts that establish guilt beyond a reasonable doubt on every essential element, the actual verdict satisfies the core constitutional provisions [of the right to have a jury determine, beyond a reasonable doubt, every essential element of guilt under the Fifth and Sixth Amendments of the federal constitution] .... Under those circumstances, the court can apply harmless error analysis, and decide the effect that the erroneous instruction had on the trial. But in other cases, an erroneous instruction on an element of guilt allows the jury to return a verdict without necessarily deciding the element. Then, the actual verdict is not a jury determination beyond a reasonable doubt as to every essential element of guilt. An appellate court cannot affirm the conviction by characterizing the error as harmless; in the absence of an actual jury determination as to guilt on every essential element of guilt, applying harmless error analysis is tantamount to directing a verdict. Without question, the court cannot direct a verdict against a criminal defendant.”

   1 later decision quote this exact passage
   e.g. 88 Wash. App. 545 - City of Seattle v. Norby

3. “as it is used in the criminal mistreatment statute, encompasses the notion of protection of one's child from an assault, arguing that Michael and Laurinda Jackson's failure to protect Breighonna from the assault constituted the predicate felony of first degree criminal mistreatment. In holding that there was insufficient evidence that the Jacksons committed the felony of first degree criminal mistreatment, the Court of Appeals viewed the term”

   1 later decision quote this exact passage
   e.g. State v. Jackson