Case Citator › State v. LeFaber

State v. LeFaber

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

Overruled in part
Court
Supreme Court of Washington
Citation
913 P.2d 369
Decided
Confirmed treatments
1
Flagged citations read
42 of 42
Citing cases (total)
42
Treatment dates
2009
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. LeFaber's automatic review rule for unpreserved self-defense instruction errors was overruled in part by State v. O'Hara, as listed below. Washington courts continue to cite LeFaber's rule that self-defense may rest on a reasonable belief of imminent harm.
More on how this was screened

All 42 flagged citations have been read.

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.

42 later cases cite State v. LeFaber; 42 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. 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. LeFaber?

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 rejected LeFaber's rule that an erroneous self-defense instruction is automatically constitutional error warranting review even without an objection.

    State v. O'Hara · Supreme Court of Washington · filed

    Examining the cases cited by LeFaber and the underlying logic for the blanket rule, we hold LeFaber's per se rule is no longer justified and appellate courts should determine on a case-by-case basis whether an unpreserved claim of error regarding a self-defense jury instruction constitutes a manifest constitutional error.
    Read the full opinion on CourtListener →

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