Case Citator › State v. Gregory

State v. Gregory

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

Overruled in part
Court
Supreme Court of Washington
Citation
158 Wash. 2d 759
Decided
Confirmed treatments
1
Flagged citations read
101 of 101
Citing cases (total)
391
Treatment dates
2014
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Gregory is overruled in part: all 101 flagged citations have been read, and the one confirmed treatment is listed below. The Washington Supreme Court in State v. W.R. overruled Gregory's rule allowing a rape defendant to bear the burden of proving consent, while leaving its many other holdings untouched.
More on how this was screened

The two W.R. citations are duplicate copies of the same opinion and are listed once. Every other citing opinion applied an unaffected Gregory rule, used nearby adverse language for another authority, repeated W.R.'s history parenthetical, or appeared in a concurrence rather than the court's holding.

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.

391 later cases cite State v. Gregory; 101 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. Gregory?

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 overruled Gregory to the extent it held that consent does not negate forcible compulsion and permitted requiring a rape defendant to prove consent by a preponderance of the evidence.

    State v. W.R. · Washington Supreme Court · filed

    We overrule Camara and Gregory to the extent they hold that consent does not negate forcible compulsion and that a defendant can be required to prove consent by a preponderance of the evidence.
    Read the full opinion on CourtListener →

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