Case Citator › State v. Petrich

State v. Petrich

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Washington
Citation
101 Wash. 2d 566
Decided
Confirmed treatments
1
Flagged citations read
142 of 143
Citing cases (total)
554
Treatment dates
2004
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Petrich is overruled in part among the reviewed cases: 142 of the 143 flagged citations have been read, the text of the other one could not be retrieved, and the 1 confirmed treatment is listed below. The Washington Supreme Court in State v. Kitchen replaced Petrich's harmless-error standard for multiple-acts unanimity errors while retaining the underlying election-or-unanimity-instruction rule.
More on how this was screened

The other opinions read applied that surviving rule or repeated history parentheticals identifying Kitchen as the treating opinion; later references to Stockwell concerned its treatment of Kitchen, not a new act against Petrich.

The treatments below are confirmed; unread citations could still change the overall status.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case, except the ones whose text could not be retrieved.

554 later cases cite State v. Petrich; 143 of those citations sat close to treatment language and were flagged for reading; 142 of them have been read, and the text of 1 citing opinion could not be retrieved, so it remains unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Petrich?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Washington Supreme Court replaced Petrich's harmless-error test for multiple-acts unanimity errors with the constitutional harmless-beyond-a-reasonable-doubt standard.

    State v. Kitchen · Washington Supreme Court · filed

    However, in doing so we used a standard for harmless error which has later been clarified. That standard was "[t]he error is harmless only if a rational trier of fact could have found each incident proved beyond a reasonable doubt." ... Petrich is clarified accordingly.
    Read the full opinion on CourtListener →

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