Washington Case Commentaries

Limitations on the Use of Prearrest Silence as Substantive Evidence of Guilt: STATE v. BURKE

Date: Mar 14, 2008

Limitations on the Use of Prearrest Silence as Substantive Evidence of Guilt: STATE v. BURKE Introduction In the landmark case STATE v. BURKE, the Supreme Court of Washington addressed the...

Protecting Attorney-Client Privilege and Work Product in Public Records Requests: Analysis of Cody Soter et al. v. Cowles Publishing Co.

Date: Dec 28, 2007

Protecting Attorney-Client Privilege and Work Product in Public Records Requests: Analysis of Cody Soter et al. v. Cowles Publishing Co. Introduction The case of Cody Soter et al. v. Cowles...

Merger Doctrine and Negligent Misrepresentation: Insights from Ross v. Kirner

Date: Dec 14, 2007

Merger Doctrine and Negligent Misrepresentation: Insights from Ross v. Kirner Introduction In the landmark case of FRED A. Ross ET AL. v. JOHN F. KIRNER ET AL. (162 Wn. 2d 493, 2007), the Supreme...

Clarifying the Nexus Requirement: Defining 'Armed' in First Degree Burglary

Date: Dec 14, 2007

Clarifying the Nexus Requirement: Defining 'Armed' in First Degree Burglary Introduction The case of State of Washington v. Mickey William Brown (162 Wn. 2d 422) presents pivotal questions regarding...

CR 6(a) Exclusion Not Applied to Three-Day Notice Period in Unlawful Detainer Actions

Date: Dec 7, 2007

CR 6(a) Exclusion Not Applied to Three-Day Notice Period in Unlawful Detainer Actions Introduction In Ed L. Christensen v. Richard A. Ellsworth (162 Wn.2d 365), the Supreme Court of Washington...

Washington Supreme Court: Pregnancy Discrimination Classified as Sex Discrimination under WLAD

Date: Nov 30, 2007

Washington Supreme Court: Pregnancy Discrimination Classified as Sex Discrimination under WLAD Introduction In the landmark case of Stacy L. HEGWINE v. LONGVIEW FIBRE COmpany, Inc., the Supreme Court...

Assessment of Ineffective Assistance of Counsel in Capital Sentencing: Comprehensive Commentary on STATE v. ELMORE

Date: Nov 22, 2007

Assessment of Ineffective Assistance of Counsel in Capital Sentencing: Comprehensive Commentary on STATE v. ELMORE Introduction In the landmark case of State v. Clark Richard Elmore, adjudicated by...

Classification of Underlying Offense Not an Essential Element in Bail Jumping: Insights from STATE v. WILLIAMS

Date: Nov 9, 2007

Classification of Underlying Offense Not an Essential Element in Bail Jumping: Insights from STATE v. WILLIAMS Introduction In the landmark case of The State of Washington v. Demetrius T. Williams...

STATE v. BERGSTROM: Affirming State's Burden of Proof for Prior Convictions in Sentencing

Date: Oct 26, 2007

STATE v. BERGSTROM: Affirming State's Burden of Proof for Prior Convictions in Sentencing Introduction State of Washington, Respondent vs. Gordon David Bergstrom, Petitioner is a pivotal case...

Washington v. Johnston: Clarifying Due Process in Evidence Preservation and Presumptions of Witness Competency

Date: Oct 26, 2007

Washington v. Johnston: Clarifying Due Process in Evidence Preservation and Presumptions of Witness Competency Introduction In State of Washington v. Guylin Michael Johnston (143 Wn. App. 1, 2007),...

Establishing Deceptive Practices in Telecommunications: Insights from Indoor Billboard v. Integra Telecom

Date: Oct 19, 2007

Establishing Deceptive Practices in Telecommunications: Insights from Indoor Billboard v. Integra Telecom Introduction The case of Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington,...

Establishing Bad Faith in Insurer Conduct: Mutual of Enumclaw Insurance Co. v. Dan Paulson Construction, Inc.

Date: Oct 12, 2007

Establishing Bad Faith in Insurer Conduct: Mutual of Enumclaw Insurance Co. v. Dan Paulson Construction, Inc. Introduction In the landmark case Mutual of Enumclaw Insurance Company v. Dan Paulson...

Affirmation of Dependency Standards: Parental Inability to Care for Child with Severe Mental Health Needs

Date: Oct 12, 2007

Affirmation of Dependency Standards: Parental Inability to Care for Child with Severe Mental Health Needs Introduction In the landmark case of In the Matter of the Dependency of Henry Schermer et al....

Enhanced Particularity Requirements for Telephonic Search Warrants: Washington v. Reep

Date: Sep 28, 2007

Enhanced Particularity Requirements for Telephonic Search Warrants: Washington v. Reep Introduction The State of Washington v. David Garrett Reep is a significant case decided by the Supreme Court of...

State of Washington v. Robert Lee Yates Jr.: Upholding Death Penalty Institutional Procedures

Date: Sep 28, 2007

State of Washington v. Robert Lee Yates Jr.: Upholding Death Penalty Institutional Procedures Introduction The case of State of Washington v. Robert Lee Yates Jr. (161 Wn.2d 714) presents a...

Erwin v. Cotter Health Centers: Upholding Contractual Choice of Washington Law in Real Estate Brokerage Disputes

Date: Sep 21, 2007

Erwin v. Cotter Health Centers: Upholding Contractual Choice of Washington Law in Real Estate Brokerage Disputes Introduction The Supreme Court of Washington, in Erwin v. Cotter Health Centers, Inc.,...

Inclusion of Investigative and Environmental Costs in Criminal Restitution: STATE v. TOBIN

Date: Sep 14, 2007

Inclusion of Investigative and Environmental Costs in Criminal Restitution: STATE v. TOBIN Introduction The case of The State of Washington v. Douglas John Martin Tobin (161 Wn. 2d 517) represents a...

Washington Supreme Court Establishes Discretion for Exceptional Concurrent Sentences in Serious Violent Offenses

Date: Aug 31, 2007

Washington Supreme Court Establishes Discretion for Exceptional Concurrent Sentences in Serious Violent Offenses Introduction In the landmark case of In the Matter of the Personal Restraint of Daniel...

Impact of Spectator Displays on Jury Impartiality: Analysis of State v. Brian Lord

Date: Aug 31, 2007

Impact of Spectator Displays on Jury Impartiality: Analysis of State v. Brian Lord Introduction State v. Brian Lord, 161 Wn.2d 276 (2007), is a landmark decision by the Supreme Court of Washington...

Affirmation of Attempted First Degree Escape Conviction and the Rejection of the Castle Instruction

Date: Aug 31, 2007

Affirmation of Attempted First Degree Escape Conviction and the Rejection of the Castle Instruction Introduction State of Washington v. Bruce L. Bennett Jr., 161 Wn.2d 303 (2007) presents a pivotal...