Washington Case Commentaries

Limitation of Negligent Investigation Claims Under RCW 26.44: Insights from Roberson et al. v. Perez et al.

Date: Dec 2, 2005

Limitation of Negligent Investigation Claims Under RCW 26.44: Insights from Roberson et al. v. Perez et al., 156 Wn.2d 33 (2005) Introduction The case of Roberson et al. v. Perez et al., decided on...

Clarifying Common Authority and Presence in Consent-Based Warrantless Searches: STATE v. MORSE

Date: Dec 2, 2005

Clarifying Common Authority and Presence in Consent-Based Warrantless Searches: STATE v. MORSE Introduction In State of Washington v. Robert James Morse, 156 Wn.2d 1 (2005), the Supreme Court of...

Establishing De Facto Parentage: Washington Supreme Court's Landmark Decision in In re PARENTAGE OF L.B. Carvin v. Page Britain

Date: Nov 4, 2005

Establishing De Facto Parentage: Washington Supreme Court's Landmark Decision in In re PARENTAGE OF L.B. Carvin v. Page Britain Introduction The case of In re PARENTAGE OF L.B. Sue Ellen ("Mian")...

Exclusion of Resident Workers from Minimum Wage Protections under Washington's MWA: Analysis of BERROCAL v. FERNANDEZ

Date: Oct 14, 2005

Exclusion of Resident Workers from Minimum Wage Protections under Washington's MWA: Analysis of BERROCAL v. FERNANDEZ Introduction The case of Heriberto Berrocal et al. v. Max Fernandez et al.,...

Public Trial Rights Reinforced: Strict Compliance Required for Courtroom Closure During Jury Selection

Date: Oct 7, 2005

Public Trial Rights Reinforced: Strict Compliance Required for Courtroom Closure During Jury Selection Introduction In The State of Washington v. Nathan Dallas Brightman (155 Wn. 2d 506, 2005), the...

Establishing Habitual Offender Status in First-Degree Driving While License Suspended Cases

Date: Sep 30, 2005

Establishing Habitual Offender Status in First-Degree Driving While License Suspended Cases Introduction The case of The State of Washington v. Calvin M. Smith, decided by the Supreme Court of...

Affirmation of Land Use Petition Act’s Strict Time Limits and Attorney Fees Provisions in Habitat Watch v. Skagit County

Date: Sep 23, 2005

Affirmation of Land Use Petition Act’s Strict Time Limits and Attorney Fees Provisions in Habitat Watch v. Skagit County Introduction ‘Habitat Watch v. Skagit County’ (155 Wn. 2d 397) is a pivotal...

Limits of Apprendi and Blakely in Restitution: Washington Supreme Court's Decision in STATE v. KINNEMAN

Date: Sep 9, 2005

Limits of Apprendi and Blakely in Restitution: Washington Supreme Court's Decision in STATE v. KINNEMAN Introduction In State of Washington v. Zachary A. Kinneman, the Washington Supreme Court...

Enhancing Transparency: Washington Supreme Court Establishes Robust Enforcement Mechanisms under the Public Disclosure Act

Date: Aug 12, 2005

Enhancing Transparency: Washington Supreme Court Establishes Robust Enforcement Mechanisms under the Public Disclosure Act Introduction The case of SPOKANE RESEARCH DEFENSE FUND, Plaintiff, TIM...

Independent Source Exception Upholds Evidence Admission under Article I, Section 7 of the Washington Constitution

Date: Jul 29, 2005

Independent Source Exception Upholds Evidence Admission under Article I, Section 7 of the Washington Constitution Introduction In the case of The State of Washington v. Devennice Antoine Gaines et...

Appellate Review Standards for Remittitur: Bunch v. King County Dept. of Youth Services

Date: Jul 22, 2005

Appellate Review Standards for Remittitur: Bunch v. King County Dept. of Youth Services Introduction Ralph Dwight Bunch filed a lawsuit against the King County Department of Youth Services alleging...

Concurrent Application of Sentence Enhancements in Controlled Substance Manufacturing Cases

Date: Jul 8, 2005

Concurrent Application of Sentence Enhancements in Controlled Substance Manufacturing Cases Introduction The case of The State of Washington v. James Allen Jacobs addresses the interpretation and...

Washington Supreme Court Upholds Loss Operations Clause in Joint Operating Agreement

Date: Jul 1, 2005

Washington Supreme Court Upholds Loss Operations Clause in Joint Operating Agreement Introduction In the landmark case HEARST COMMUNICATIONS, INC. v. SEATTLE TIMES COmpany, 154 Wn.2d 493 (2005), the...

Affirmation of Standards for Personal Restraint Petitions and Effective Assistance of Counsel in Capital Cases: Analysis of In the Matter of Dwayne Woods

Date: Jun 17, 2005

Affirmation of Standards for Personal Restraint Petitions and Effective Assistance of Counsel in Capital Cases: Analysis of In the Matter of Dwayne Woods, Petitioner Introduction In the Matter of the...

Washington Supreme Court Rules Apprendi and Blakely Do Not Apply Retroactively on Collateral Review

Date: Jun 17, 2005

Washington Supreme Court Rules Apprendi and Blakely Do Not Apply Retroactively on Collateral Review Introduction In the landmark case of The State of Washington v. Michael R. Evans and In the Matter...

Judicial Discretion in DOSA Sentencing: Ensuring Due Consideration

Date: May 27, 2005

Judicial Discretion in DOSA Sentencing: Ensuring Due Consideration 1. Introduction In the landmark case of The State of Washington v. John W. Grayson (154 Wn.2d 333), the Supreme Court of Washington...

Case Commentary: State of Washington v. Adrian Martell Davis - Admissibility of 911 Calls Under the Confrontation Clause

Date: May 13, 2005

State of Washington v. Adrian Martell Davis: Admissibility of 911 Calls Under the Confrontation Clause Introduction In State of Washington v. Adrian Martell Davis, 154 Wn. 2d 291 (2005), the Supreme...

Supreme Court of Washington Establishes Non-Comparability of Federal Bank Robbery Under POAA

Date: May 6, 2005

Supreme Court of Washington Establishes Non-Comparability of Federal Bank Robbery Under POAA Introduction The case of STATE v. LAVERY dealt with the interpretation of the Persistent Offender...

Washington Supreme Court Establishes Limits on Sentencing Court's Authority Over Early Release Time

Date: Apr 29, 2005

Washington Supreme Court Establishes Limits on Sentencing Court's Authority Over Early Release Time Introduction The case In the Matter of the Personal Restraint of Brenda Louise West, Petitioner...

Absolute Pollution Exclusion Applied to Non-Traditional Environmental Harms in Quadrant Corp. v. American States Insurance Company

Date: Apr 29, 2005

Absolute Pollution Exclusion Applied to Non-Traditional Environmental Harms in Quadrant Corp. v. American States Insurance Company Introduction In the landmark case of The Quadrant Corporation et al....

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