Washington Case Commentaries

No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson

Date: Dec 14, 2025

No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson I. Introduction In State v. Danielson (consolidated with State v. Nelson),...

When Administrative Mismanagement Becomes Judicial Misconduct: The New CJC 2.5(A) Standard in In re Disciplinary Proceeding Against Flood

Date: Dec 6, 2025

When Administrative Mismanagement Becomes Judicial Misconduct: The New CJC 2.5(A) Standard in In re Disciplinary Proceeding Against Flood I. Introduction The Washington Supreme Court’s decision in In...

Intent, Specificity, and Executive Sessions: The Washington Supreme Court Tightens Recall Standards for Alleged OPMA Violations in In re Recall of Olsen

Date: Dec 6, 2025

Intent, Specificity, and Executive Sessions: The Washington Supreme Court Tightens Recall Standards for Alleged OPMA Violations in In re Recall of Olsen I. Introduction The Washington Supreme Court’s...

Mandatory Consideration of Youth at De Novo Resentencing: A Commentary on State v. Ellis

Date: Nov 14, 2025

Mandatory Consideration of Youth at De Novo Resentencing: Commentary on State v. Ellis (Wash. 2025) I. Introduction The Washington Supreme Court’s decision in State v. Ellis, No. 102378-2 (Nov. 13,...

Extending the Traveling Employee Doctrine to Occupational Diseases: Commentary on Azorit‑Wortham v. Department of Labor & Industries (Wash. 2025)

Date: Nov 7, 2025

Extending the Traveling Employee Doctrine to Occupational Diseases: Commentary on Azorit‑Wortham v. Department of Labor & Industries (Wash. 2025) I. Introduction The Washington Supreme Court’s...

Eyman v. Hobbs: No Mandamus Duty to Process Referenda Against Facial “Emergency” Legislation in Washington

Date: Nov 7, 2025

Eyman v. Hobbs: No Mandamus Duty to Process Referenda Against Facial “Emergency” Legislation in Washington I. Introduction In Eyman v. Hobbs, No. 104117-9 (Wash. Nov. 6, 2025), the Washington Supreme...

Erickson v. Pharmacia: WPLA Does Not Displace Washington’s Issue-by-Issue Choice-of-Law; Missouri Law Can Control Repose and Punitive Damages, and PCB Exposure Reconstruction Satisfies Frye

Date: Nov 1, 2025

Erickson v. Pharmacia: WPLA Does Not Displace Washington’s Issue-by-Issue Choice-of-Law; Missouri Law Can Control Repose and Punitive Damages, and PCB Exposure Reconstruction Satisfies Frye...

State v. Luna: Meaningful Youth Inquiry for Miranda Waivers, Prospective-Only Juvenile Consultation Statute, and a Narrowed Res Gestae Doctrine

Date: Nov 1, 2025

State v. Luna: Meaningful Youth Inquiry for Miranda Waivers, Prospective-Only Juvenile Consultation Statute, and a Narrowed Res Gestae Doctrine Introduction In State v. Luna, No. 103251-0 (Wash. Oct....

No Immovable Property Exception: Washington Supreme Court Bars Adverse Possession Suits Against Tribes’ Off‑Reservation Lands Absent Congressional Abrogation or Tribal Waiver

Date: Oct 10, 2025

No Immovable Property Exception: Washington Supreme Court Bars Adverse Possession Suits Against Tribes’ Off‑Reservation Lands Absent Congressional Abrogation or Tribal Waiver Introduction In Flying T...

Divisional Conflict and Prompt Diligence as “Extraordinary Circumstances”: Washington Supreme Court Clarifies CR 60(b)(11) Relief for Legal Errors

Date: Oct 10, 2025

Divisional Conflict and Prompt Diligence as “Extraordinary Circumstances”: Washington Supreme Court Clarifies CR 60(b)(11) Relief for Legal Errors Introduction In Luv v. West Coast Servicing, Inc....

Schoenhals: Monschke Is a Retroactive, Substantive Change; Mandatory LWOP for 18–20-Year-Olds Is Unconstitutional; Per Se Prejudice and Facial Invalidity Provide Two Paths Around the PRP Time Bar

Date: Sep 27, 2025

Schoenhals: Monschke Is a Retroactive, Substantive Change; Mandatory LWOP for 18–20-Year-Olds Is Unconstitutional; Per Se Prejudice and Facial Invalidity Provide Two Paths Around the PRP Time Bar...

Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy (State v. Ray, 2025)

Date: Sep 12, 2025

Same Conduct ≠ Same Offense: Washington Supreme Court Clarifies that Second-Degree Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same in Law for Double Jeopardy...

Ray’s Rule: Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same Offense Under Washington’s Blockburger Analysis

Date: Sep 12, 2025

Ray’s Rule: Assault with a Deadly Weapon and Felony Harassment (Threat to Kill) Are Not the Same Offense Under Washington’s Blockburger Analysis Introduction In State v. Owen Gale Ray, the Washington...

“Applying Means Applying”: Washington Supreme Court Holds No “Bona Fide” Intent Required to Be a “Job Applicant” Under the EPOA’s Pay-Transparency Remedies

Date: Sep 9, 2025

“Applying Means Applying”: Washington Supreme Court Holds No “Bona Fide” Intent Required to Be a “Job Applicant” Under the EPOA’s Pay-Transparency Remedies Introduction In Branson v. Washington Fine...

When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger

Date: Aug 31, 2025

When Dependency Equals Placement: Washington Supreme Court Requires ICWA/WICWA “Active Efforts” Findings at Dependency Fact‑Finding and Orders Immediate Return Absent Danger Introduction In In re...

Washington Supreme Court Recognizes Appellate Discretion to Permit Limited Nonparty Intervention in Criminal Appeals When the Same Nonparty Intervened in the Trial Court