Opinion

Thomas v. French

  • 99 Wash. 2d 95
  • 659 P.2d 1097
  • 1983 Wash. LEXIS 1417
Court
Washington Supreme Court
Filed
Mar 3, 1983
Status
Published
Author
Utter
On the bench
Williams, Utter
Cited by
123 cases
Authority
More cited than 7.1%

an error without prejudice is not grounds for reversal and will not be considered prejudicial unless it can be presumed to affect the outcome of the trial

How later courts described this case

  • an error without prejudice is not grounds for reversal and will not be considered prejudicial unless it can be presumed to affect the outcome of the trial
  • “[E]rror without prejudice is not grounds for reversal. Error will not be considered prejudicial unless it affects, or presumptively affects, the outcome of the trial.” (citation omitted)
  • error without prejudice is not grounds for reversal, and error will not be considered prejudicial unless it affects the outcome
  • "[E]rror without prejudice is not grounds for reversal.... Error will not be considered prejudicial unless it affects, or presumptively affects, the outcome of the trial."

Written by the judges who cited it.

The opinion

Utter, J.

(dissenting) — The majority recognizes our established rule that we will sustain a trial court's eviden-tiary ruling on any valid theory, even if the ground given at trial is erroneous. The opinion further recognizes that the letter in question may have been admissible for the limited purpose of showing respondents' then existing mental, emotional, or physical condition, but finds admission of the evidence erroneous because no limiting instruction was given. This, however, is not a reason for reversing the trial court. The burden of requesting a limiting instruction is upon the objecting party or the party adversely affected, or else the error is waived. State v. Hess, 86 Wn.2d 51, 52 , 541 P.2d 1222 (1975); 5 K. Tegland, Wash. Prac., Evidence § 24, at 65 (2d ed. 1982). Here there was no such request and the defendant should not now benefit by his failure to request a limiting instruction at the trial. For this reason I disagree with the majority and would affirm the Court of *106 Appeals and trial court.

Stafford, J., concurs with Utter, J.

Reconsideration denied August 9, 1983.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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