Washington Case Commentaries

Washington Supreme Court Affirms Standards on Expert Testimony, Defense Evidence, and Double Jeopardy in Assault and Rape Case

Date: Mar 5, 2010

Washington Supreme Court Affirms Standards on Expert Testimony, Defense Evidence, and Double Jeopardy in Assault and Rape Case Introduction In the case of The State of Washington v. Daniel Marshall...

Modifying Restitution Orders Beyond 180 Days: Insights from State v. Gonzalez

Date: Feb 19, 2010

Modifying Restitution Orders Beyond 180 Days: Insights from State v. Gonzalez Introduction The case of The State of Washington v. Robert Bustmante Gonzalez (168 Wn.2d 256) presents a pivotal...

Reissuing the Burden of Proof in Personal Restraint Petitions: Insights from In re Pers. Restraint of Grantham

Date: Feb 5, 2010

Reissuing the Burden of Proof in Personal Restraint Petitions: Insights from In re Pers. Restraint of Grantham Introduction The Supreme Court of Washington, in the landmark decision of In re the...

Mandatory Joinder Rule and the "Ends of Justice" Exception in Washington State Law

Date: Jan 29, 2010

Mandatory Joinder Rule and the "Ends of Justice" Exception in Washington State Law Introduction The Supreme Court of Washington, in the consolidated cases of The State of Washington v. Jacob Gamble...

Washington Supreme Court Sets New Standards for Effective Assistance of Counsel in Juvenile Plea Withdrawals

Date: Jan 29, 2010

Washington Supreme Court Sets New Standards for Effective Assistance of Counsel in Juvenile Plea Withdrawals Introduction In the landmark case State of Washington v. A.N.J. (168 Wn.2d 91, 2010), the...

Stipulations to Sufficiency of Evidence in Drug Court Contracts Do Not Bind the Court – STATE v. DRUM

Date: Jan 22, 2010

Stipulations to Sufficiency of Evidence in Drug Court Contracts Do Not Bind the Court – STATE v. DRUM Introduction State of Washington v. Patrick Boyd Drum is a significant case adjudicated by the...

Cumulative Firearm Enhancements and Double Jeopardy: State of Washington v. Kelley

Date: Jan 22, 2010

Cumulative Firearm Enhancements and Double Jeopardy: State of Washington v. Kelley Introduction State of Washington v. Dustin Ross Kelley is a pivotal case adjudicated by the Supreme Court of...

FAA Preempts Washington's Condominium Act Judicial Enforcement: Establishing a New Arbitration Paradigm

Date: Dec 25, 2009

FAA Preempts Washington's Condominium Act Judicial Enforcement: Establishing a New Arbitration Paradigm Introduction In the landmark decision of Satomi Owners Association v. Satomi, LLC, the Supreme...

Reining in the Scope of Automobile Searches Incident to Arrest: Insights from STATE v. VALDEZ

Date: Dec 25, 2009

Reining in the Scope of Automobile Searches Incident to Arrest: Insights from STATE v. VALDEZ Introduction The case of The State of Washington v. Jesus David Buelna Valdez addresses a pivotal issue...

Progressive Intrusion Constitutes Unlawful Seizure under Washington's Article I, Section 7

Date: Dec 11, 2009

Progressive Intrusion Constitutes Unlawful Seizure under Washington's Article I, Section 7 Introduction The case of THE STATE OF WASHINGTON v. DUSTIN WARREN HARRINGTON (167 Wn. 2d 656) represents a...

Right to Self-Representation on Appeal Under Article I, Section 22 of Washington State Constitution

Date: Dec 11, 2009

Right to Self-Representation on Appeal Under Article I, Section 22 of Washington State Constitution Introduction The Supreme Court of Washington, in the case of State of Washington v. Atif Rafay et...

State v. Anderson: Prosecutorial Misconduct in Closing Arguments and Its Legal Implications

Date: Dec 9, 2009

State v. Anderson: Prosecutorial Misconduct in Closing Arguments and Its Legal Implications Introduction In the case of The State of Washington v. Daniel Anderson (153 Wn. App. 417), the Court of...

Establishing Probable Cause for Warrantless Searches by Probation Officers and Rejection of Inevitable Discovery Doctrine in Washington

Date: Dec 4, 2009

Establishing Probable Cause for Warrantless Searches by Probation Officers and Rejection of Inevitable Discovery Doctrine in Washington Introduction The case of State of Washington v. Terry Lee...

Affirming Separate Property Rights: BORGHI v. GILROY Establishes Clear Presumptions in Community Property Law

Date: Nov 6, 2009

Affirming Separate Property Rights: BORGHI v. GILROY Establishes Clear Presumptions in Community Property Law Introduction In the landmark case of In the Matter of the Estate of Jeanette L. Borghi,...

Narrowing the "Search Incident to Arrest" Exception: Patton v. State of Washington

Date: Oct 23, 2009

Narrowing the "Search Incident to Arrest" Exception: Patton v. State of Washington Introduction In the landmark case of The State of Washington v. Randall J. Patton, the Supreme Court of Washington...

Affirmation of Trial Court's Evidentiary Discretion in SVP Civil Commitment: In re Detention of Bryan Duncan

Date: Oct 23, 2009

Affirmation of Trial Court's Evidentiary Discretion in SVP Civil Commitment Introduction In the Matter of the Detention of Bryan Duncan, decided by the Supreme Court of Washington on October 22,...

State v. Strode: Upholding Public Trial Rights Through Strict Adherence to Bone-Club Criteria

Date: Oct 9, 2009

State v. Strode: Upholding Public Trial Rights Through Strict Adherence to Bone-Club Criteria Introduction In State of Washington v. Tony L. Strode, 167 Wn.2d 222 (2009), the Supreme Court of...

State v. Momah: Reconciling the Right to a Public Trial with the Right to an Impartial Jury

Date: Oct 9, 2009

State v. Momah: Reconciling the Right to a Public Trial with the Right to an Impartial Jury Introduction State of Washington v. Charles Momah, 167 Wn.2d 140 (2009), addresses the critical balance...

Comprehensive Commentary on State of Washington v. Ricardo Iniguez: Interpretation of Speedy Trial Rights

Date: Oct 9, 2009

State of Washington v. Ricardo Iniguez: Interpretation of Speedy Trial Rights under State and Federal Constitutions Introduction In the landmark case of State of Washington v. Ricardo Iniguez, the...

Refining the Standards for Manifest Constitutional Error in Jury Instructions: Analysis of STATE v. O'HARA

Date: Oct 2, 2009

Refining the Standards for Manifest Constitutional Error in Jury Instructions: Analysis of STATE v. O'HARA Introduction State of Washington v. Ryan J. O'Hara, adjudicated by the Supreme Court of...