Washington Case Commentaries

“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...

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

Date: May 30, 2025

Informal Directives Fulfill RCW 49.48.040(1)(b): Redefining “Order the Payment” Introduction Department of Labor & Industries v. Cannabis Green, LLC, 2025 Wash. LEXIS 102922-5, is a landmark Supreme...

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

Date: May 30, 2025

Analyst Testimony Requirement for Forensic Evidence: Enforcing the Confrontation Clause in State v. Hall-Haught Introduction State v. Hall-Haught is a landmark decision of the Washington Supreme...

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

Date: May 30, 2025

Virtual Certainty Standard for Latent Disease Under Washington's Industrial Insurance Act Introduction Cockrum v. C.H. Murphy/Clark-Ullman, Inc. (Howmet Aerospace, Inc.) marks a pivotal shift in...

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

Date: May 23, 2025

Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3) Introduction Sangha v. Keen, decided May 22, 2025 by the Supreme Court of Washington, addresses whether RCW 59.18.365 permits a...

911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion

Date: May 16, 2025

911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion Introduction City of Wenatchee v. Stearns (No. 102680-3) is a 2025 Supreme Court of...

Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood

Date: May 9, 2025

Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood Introduction M.R. v. State of Washington was decided by the Washington Supreme Court...

ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment

Date: May 9, 2025

ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment Introduction In State of Washington v. Gator’s Custom Guns, Inc., No. 102940-3 (May 8, 2025),...

Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails

Date: Apr 18, 2025

Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails Introduction Brown v. Old Navy, LLC (No. 102592-1, Apr. 17, 2025) is a...

Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen

Date: Apr 18, 2025

Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen Introduction In Jewels Helping Hands et al. v. Brian Hansen et al., 2025 WL ___ (Wash. Apr. 17, 2025), the...

Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020

Date: Apr 18, 2025

Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020 Introduction In State v. Zghair, 2025 WL ___ (Wash. 2025), the Washington Supreme Court addressed...

Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness

Date: Apr 11, 2025

Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness Introduction In State v. J.H.-M., the Supreme Court of Washington addressed whether a...

Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom

Date: Apr 4, 2025

Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom Introduction This commentary examines the Washington Supreme Court’s April...

No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7

Date: Mar 28, 2025

No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7 Introduction In State v. Nelson, No. 102942-0 (Wash. Mar....

Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute

Date: Mar 28, 2025

Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute Introduction In In re Recall of Ruelas, the Washington...

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