Washington Case Commentaries

Reaffirmation of Abuse of Discretion Standard in Determining Same Criminal Conduct

Date: Feb 1, 2013

Reaffirmation of Abuse of Discretion Standard in Determining Same Criminal Conduct Introduction The Supreme Court of Washington, in State of Washington v. Julio Cesar Aldana Graciano, addressed a...

Mixed-Motive Traffic Stops: Upholding Independence in Lawful Seizures

Date: Dec 21, 2012

Mixed-Motive Traffic Stops: Upholding Independence in Lawful Seizures Introduction The case of State of Washington v. Gilberto Chacon Arreola (176 Wash. 2d 284, 2012) addresses a critical issue in...

STATE v. SUBLETT and Olsen: Affirming the Boundaries of the Public Trial Right in Washington State

Date: Nov 22, 2012

STATE v. SUBLETT and Olsen: Affirming the Boundaries of the Public Trial Right in Washington State Introduction In the landmark case State of Washington v. Michael Lynn Sublett and Christopher Lee...

State v. Wise: Washington Supreme Court Emphasizes Strict Adherence to Bone–Club Framework for Public Trial Rights

Date: Nov 22, 2012

State v. Wise: Washington Supreme Court Emphasizes Strict Adherence to Bone–Club Framework for Public Trial Rights Introduction In State of Washington v. Eric D. Wise, the Washington Supreme Court...

Due Process Violation in Sentencing: Washington Supreme Court Strikes Down RCW 9.94A.500(1) and .530(2)

Date: Nov 2, 2012

Due Process Violation in Sentencing: Washington Supreme Court Strikes Down RCW 9.94A.500(1) and .530(2) Introduction The case of State of Washington v. Monte W. Hunley (175 Wash. 2d 901; 2012-11-01)...

Prosecutorial Misconduct and the Right to a Fair Trial: Insights from State v. Glasmann

Date: Oct 19, 2012

Prosecutorial Misconduct and the Right to a Fair Trial: Insights from State v. Glasmann Introduction The case of In the Matter of the Personal Restraint of Edward Michael D. Glasmann, decided by the...

Cultural Competency Standards in Competency Evaluations: Insights from State v. Sisouvanh

Date: Oct 19, 2012

Cultural Competency Standards in Competency Evaluations: Insights from State v. Sisouvanh Introduction State of Washington v. Phiengchai Sisouvanh is a landmark decision by the Supreme Court of...

Proportionality Review in Capital Sentencing: Insights from State v. Cecil Emile Davis

Date: Sep 21, 2012

Proportionality Review in Capital Sentencing: Insights from State v. Cecil Emile Davis Introduction State of Washington v. Cecil Emile Davis is a landmark case adjudicated by the Supreme Court of...

Katare v. Katare: Admissibility of Risk Factor Evidence in Parenting Plans

Date: Aug 17, 2012

Katare v. Katare: Admissibility of Risk Factor Evidence in Parenting Plans Introduction Katare v. Katare, 175 Wash. 2d 23 (2012), adjudicated by the Supreme Court of Washington, En Banc, addresses...

Withdrawal of Juvenile Adjudication and Amendment of Criminal Charges: Insights from State v. Lamb

Date: Aug 17, 2012

Withdrawal of Juvenile Adjudication and Amendment of Criminal Charges: Insights from State v. Lamb Introduction State of Washington v. Kenneth Eugene Lamb is a pivotal case adjudicated by the Supreme...

Washington Supreme Court Rules MERS is Not a Lawful Beneficiary Without Holding Promissory Notes

Date: Aug 17, 2012

Washington Supreme Court Rules MERS is Not a Lawful Beneficiary Without Holding Promissory Notes Introduction In the landmark case of Kristin Bain v. Metropolitan Mortgage Group, Inc., the Supreme...

Washington Supreme Court Establishes Economic-Dependence Test for Worker Classification under the Minimum Wage Act

Date: Jul 20, 2012

Washington Supreme Court Establishes Economic-Dependence Test for Worker Classification under the Minimum Wage Act Introduction In the landmark case of Anfinson, Geiger, and Hardie v. FedEx Ground...

Reaffirmation of Strickland’s Prejudice Standard in Personal Restraint Petitions

Date: Jul 20, 2012

Reaffirmation of Strickland’s Prejudice Standard in Personal Restraint Petitions Introduction The case of In the Matter of the Personal Restraint Petition of Hoyt W. Crace adjudicated by the Supreme...

Clarifying Severance and Prosecutorial Misconduct Standards: Washington Supreme Court's Decision in State v. Emery and Olson

Date: Jun 15, 2012

Clarifying Severance and Prosecutorial Misconduct Standards: Washington Supreme Court's Decision in State v. Emery and Olson Introduction In the landmark case of State of Washington v. Anthony...

Supreme Court of Washington Reinstates Unanimity Requirement for Aggravating Circumstances

Date: Jun 8, 2012

Supreme Court of Washington Reinstates Unanimity Requirement for Aggravating Circumstances Introduction The Supreme Court of Washington delivered a pivotal decision on June 7, 2012, in the...

Limits of Liability Under Washington's Timber Trespass Statute: Broxton Lumber Co. v. BNSF Railway Co. and Harsco Corporation

Date: Jun 1, 2012

Limits of Liability Under Washington's Timber Trespass Statute: Broxton Lumber Co. v. BNSF Railway Co. and Harsco Corporation Introduction Broughton Lumber Co. v. BNSF Railway Co. and Harsco...

Limits on Vehicle Search Incident to Arrest Under Washington State Constitution: STATE v. SNAPP & STATE v. WRIGHT

Date: Apr 6, 2012

Limits on Vehicle Search Incident to Arrest Under Washington State Constitution: STATE v. SNAPP & STATE v. WRIGHT Introduction The State of Washington v. Daniel Gerald Snapp and State of Washington...

Independent Duty Doctrine in Washington: Elcon Construction v. Eastern Washington University

Date: Mar 30, 2012

Independent Duty Doctrine in Washington: Elcon Construction, Inc. v. Eastern Washington University Introduction Elcon Construction, Inc. v. Eastern Washington University is a pivotal case adjudicated...

Washington Supreme Court Establishes Certifications of Public Records as Testimonial Under the Confrontation Clause

Date: Mar 16, 2012

Washington Supreme Court Establishes Certifications of Public Records as Testimonial Under the Confrontation Clause Introduction In State of Washington v. Douglas Scott Jasper, the Washington Supreme...

Clarity in Indemnity Agreements: Washington Supreme Court Upholds Indemnification for Concurrent Negligence

Date: Feb 24, 2012

Clarity in Indemnity Agreements: Washington Supreme Court Upholds Indemnification for Concurrent Negligence Introduction In the landmark case of Snohomish County Public Transportation Benefit Area...