Washington Case Commentaries

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

Date: Aug 31, 2025

Appellate Discretion to Permit Limited Nonparty Intervention After Trial: State v. Thompson Introduction In State v. Thompson (No. 103338-9, Aug. 28, 2025), the Washington Supreme Court addressed a...

“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (2025)

Date: Aug 19, 2025

“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (Wash. 2025) 1. Introduction On 14 August 2025 the Washington Supreme Court decided Arends v. State, No. 103068-1, a...

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

Date: Aug 19, 2025

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants Commentary on State v. A.M.W., 200 Wn.2d ___ (Aug. 14 2025) 1. Introduction The Supreme Court of Washington’s decision in...

The “Voidable Warrant” Doctrine after State v. Balles

Date: Aug 1, 2025

The “Voidable Warrant” Doctrine: Arrest Warrants Issued on Pre-Blake Community-Custody Violations Remain Enforceable until Judicially Set Aside 1. Introduction State v. Balles, 103582-9 (Wash. Jul....

Unified Sufficiency Standard Reaffirmed: State v. Roberts (2025) and the Jackson-Green Test for Bench Trials

Date: Aug 1, 2025

Unified Sufficiency Standard Reaffirmed: State v. Roberts (Wash. 2025) and the Jackson-Green Test for Bench Trials 1. Introduction Case: State v. Roberts, No. 103546-2, Supreme Court of Washington,...

“Beyond the Jailhouse Door” – Washington Supreme Court Outlaws Pat-Down, Handcuff, and Detention Procedures for Finger-Printing Pre-Trial Releasees

Date: Aug 1, 2025

“Beyond the Jailhouse Door” – Washington Supreme Court Outlaws Pat-Down, Handcuff, and Detention Procedures for Finger-Printing Pre-Trial Releasees Introduction State v. Evans (Wash. Sup. Ct. 2025)...

State v. Lewis: Foreign Convictions Excluded From the “Out-of-State” Category Under Washington’s SRA

Date: Jul 23, 2025

State v. Lewis: Foreign Convictions Excluded From the “Out-of-State” Category Under Washington’s Sentencing Reform Act Introduction State v. Lewis, No. 102910-1 (Wash. July 17, 2025), is a landmark...

State v. Bell: De Novo Review and Automatic Reversal for GR 37 Violations

Date: Jul 13, 2025

State v. Bell: De Novo Review and Automatic Reversal for GR 37 Violations Introduction State v. Bell, 3 Wn.3d ___ (2025), marks the Washington Supreme Court’s most detailed engagement with General...

Guaranteed Annual Paid Military Leave for Washington Public Employees Irrespective of Work Schedule – Commentary on Bearden v. City of Ocean Shores (Wash. 2025)

Date: Jun 27, 2025

Guaranteed Annual Paid Military Leave for Washington Public Employees Irrespective of Work Schedule Commentary on Bearden v. City of Ocean Shores, Supreme Court of Washington, 2 Wn.3d ___ (2025) 1....

Legislative Funding Marks the End-Point of the Deliberative Process Exemption – Comment on Citizen Action Defense Fund v. Office of Financial Management (Wash. 2025)

Date: Jun 27, 2025

Legislative Funding Marks the End-Point of the Deliberative Process Exemption A Commentary on Citizen Action Defense Fund v. Office of Financial Management, Supreme Court of Washington, No. 103370-2...

Post-Dismissal Pseudonymity & Open Courts: The Washington Supreme Court’s Clarification in John Doe P v. Thurston County (2025)

Date: Jun 18, 2025

Post-Dismissal Pseudonymity & Open Courts: John Doe P v. Thurston County Sets Strict Limits on Sealing Litigant Identities 1. Introduction John Doe P v. Thurston County, No. 102976-4 (Wash. June 12...

Washington Case Commentaries

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)

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

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

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

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

“Venue Does Not Vest” – The Jurisdiction-Venue Divide Re-drawn in Arends v. State (2025)

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

The “Voidable Warrant” Doctrine after State v. Balles

Unified Sufficiency Standard Reaffirmed: State v. Roberts (2025) and the Jackson-Green Test for Bench Trials

“Beyond the Jailhouse Door” – Washington Supreme Court Outlaws Pat-Down, Handcuff, and Detention Procedures for Finger-Printing Pre-Trial Releasees

State v. Lewis: Foreign Convictions Excluded From the “Out-of-State” Category Under Washington’s SRA

State v. Bell: De Novo Review and Automatic Reversal for GR 37 Violations

Guaranteed Annual Paid Military Leave for Washington Public Employees Irrespective of Work Schedule – Commentary on Bearden v. City of Ocean Shores (Wash. 2025)

Legislative Funding Marks the End-Point of the Deliberative Process Exemption – Comment on Citizen Action Defense Fund v. Office of Financial Management (Wash. 2025)

Post-Dismissal Pseudonymity & Open Courts: The Washington Supreme Court’s Clarification in John Doe P v. Thurston County (2025)

Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment”

Analyst Testimony Requirement for Forensic Evidence: Enforcing the Confrontation Clause in State v. Hall-Haught

Virtual Certainty Standard for Latent Disease Under Washington's Industrial Insurance Act

Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3)