State v. Emery
| Decision Date | 14 June 2012 |
| Docket Number | No. 86033–5.,86033–5. |
| Citation | 278 P.3d 653,174 Wash.2d 741 |
| Court | Washington Supreme Court |
| Parties | STATE of Washington, Respondent, v. Anthony Marquise EMERY, Jr., Petitioner. State of Washington, Respondent, v. Aaron Edward Olson, Petitioner. |
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1572 cases
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State v. Maddaus
...misconduct by the effect likely to have flowed from it, focusing more on whether an instruction could have cured the misconduct. Emery, 174 Wn.2d at 762. In so doing, we inquire whether the misconduct '"a feeling of prejudice'" that would have prevented a fair trial absent a curative instru......
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State v. Rowland
... ... identified in his SAG entitles him to a new trial. Rowland ... SAG at 28. "Under the cumulative error doctrine, a ... defendant may be entitled to a new trial when cumulative ... errors produce a trial that is fundamentally unfair." ... State v. Emery , 174 Wn.2d 741, 766, 278 P.3d 653 ... (2012). As discussed above, Rowland was not affected by ... multiple errors. He is therefore not entitled to a new trial ... based on cumulative error ... We ... remand for the trial court to vacate Robinson's attempted ... ...
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State v. Gouley
...claim, "the defendant bears the burden of proving that the prosecutor's conduct was both improper and prejudicial." State v. Emery , 174 Wash.2d 741, 756, 278 P.3d 653 (2012). We review the challenged conduct "in the context of the whole argument, the issues of the case, the evidence addres......
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State v. Christian
...has been so prejudiced that nothing short of a new trial can ensure that the defendant will be fairly tried." State v. Emery, 174 Wash.2d 741, 765, 278 P.3d 653 (2012). "A trial court's denial of a motion for mistrial will be overturned only when there is a ‘substantial likelihood’ that the......
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2 books & journal articles
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§ 12.8 Standard of Review Applied to Specific Rulings: Criminal Cases
...comments were improper and prejudicial." State v. Lindsay, 180 Wn.2d 423, 430, 326 P.3d 125 (2014); State v. Emery, 174 Wn.2d 741, 756, 278 P.3d 653 (2012). Notable exceptions to that rule are "direct constitutional claims involving prosecutors' improper arguments," Emery, 174 Wn.2d at 757 ......
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Table of Cases
...12.8(3) State v. Elmore, 154 Wn. App. 885, 228 P.3d 760, review denied, 169 Wn.2d 1018 (2010): 11.9(2) State v. Emery, 174 Wn.2d 741, 278 P.3d 653 (2012): 12.8(8) State v. Ermert, 94 Wn.2d 839, 621 P.2d 121 (1980): 11.7(9)(c) State v. Evans, 100 Wn. App. 757, 998 P.2d 373 (2000): 5.2(3) Sta......