Washington Case Commentaries

Assessing Prejudicial Prosecutorial Misconduct in Closing Arguments: Insights from STATE v. McKENZIE

Date: May 19, 2006

Assessing Prejudicial Prosecutorial Misconduct in Closing Arguments: Insights from STATE v. McKENZIE Introduction State of Washington v. David Wyatt McKenzie, 157 Wn. 2d 44 (2006), presents a pivotal...

Establishing the Necessity of Actual Receipt in Communications with Minors for Immoral Purposes

Date: May 12, 2006

Establishing the Necessity of Actual Receipt in Communications with Minors for Immoral Purposes Introduction In the landmark case of The State of Washington v. Richard Leon Hosier, the Supreme Court...

Impact of Judicial Comments on Victim’s Age in Jury Instructions: STATE v. JACKMAN Decision

Date: Apr 14, 2006

Impact of Judicial Comments on Victim’s Age in Jury Instructions: The STATE v. JACKMAN Decision 1. Introduction The case of The State of Washington v. Ryan Alan Jackman (156 Wn.2d 736) addresses...

Presumption of Prejudice for Judicial Comments in Jury Instructions Established in State v. Percy A. Levy

Date: Apr 14, 2006

Presumption of Prejudice for Judicial Comments in Jury Instructions Established in State v. Percy A. Levy Introduction State of Washington v. Percy A. Levy, 156 Wn. 2d 709 (2006), is a seminal case...

Defining Proper Discovery Sanctions and CPA Fee Awards: Insights from Mayer v. Sto Industries

Date: Apr 7, 2006

Defining Proper Discovery Sanctions and CPA Fee Awards: Insights from Mayer v. Sto Industries Introduction Mayer v. Sto Industries, Inc. is a pivotal case decided by the Supreme Court of Washington...

State v. Cross: Affirming Procedural Integrity and Proportionality in Washington's Death Penalty System

Date: Mar 31, 2006

State v. Cross: Affirming Procedural Integrity and Proportionality in Washington's Death Penalty System Introduction State of Washington v. Dayva Cross is a pivotal case adjudicated by the Supreme...

Exceptional Sentencing and Plea Agreement: Insights from STATE v. ERMELS

Date: Mar 17, 2006

Exceptional Sentencing and Plea Agreement: Insights from STATE v. ERMELS Introduction State of Washington v. Joshua James Ermels, 156 Wn. 2d 528 (2006), is a pivotal case addressed by the Supreme...

Washington Supreme Court Rules DSHS Not Liable Under Restatement (Second) of Torts §319 in Foster Care Assault Case

Date: Feb 17, 2006

Washington Supreme Court Rules DSHS Not Liable Under Restatement (Second) of Torts §319 in Foster Care Assault Case Introduction In the landmark case of Said Aba Sheikh v. Kevin S. Choe et al.,...

Constructive Discharge in Violation of Public Policy Requires Absence of Adequate Alternative Remedies

Date: Dec 23, 2005

Constructive Discharge in Violation of Public Policy Requires Absence of Adequate Alternative Remedies Introduction In the landmark case Steven M. Korslund et al. v. DynCorp Tri-Cities Services,...

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...

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