Washington Case Commentaries

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....

Washington Supreme Court Affirms SRA's Sentencing Limitations While Allowing 12-Step Programs as Community Service in State v. Law

Date: Apr 22, 2005

Washington Supreme Court Affirms SRA's Sentencing Limitations While Allowing 12-Step Programs as Community Service in State v. Law Introduction In the landmark case The State of Washington v. Angela...

STATE v. CARTER: Reevaluating Accomplice Liability in Felony Murder Convictions

Date: Apr 15, 2005

STATE v. CARTER: Reevaluating Accomplice Liability in Felony Murder Convictions Introduction State of Washington v. Kimberly Kristina Carter, 154 Wn. 2d 71 (2005), is a pivotal case adjudicated by...

Exceptional Sentencing and the Sixth Amendment: An Analysis of THE STATE OF WASHINGTON v. DANIEL D. HUGHES et al.

Date: Apr 15, 2005

Exceptional Sentencing and the Sixth Amendment: An Analysis of The State of Washington v. Daniel D. Hughes, et al. Introduction The State of Washington v. Daniel D. Hughes, George L. Selvidge, and...

Narrow Interpretation of 'Deliberate Intention' Under Washington's Industrial Insurance Act Affirmed

Date: Apr 8, 2005

Narrow Interpretation of 'Deliberate Intention' Under Washington's Industrial Insurance Act Affirmed in Vallandigham v. Clover Park School District No. 400 Introduction The case of JEANETTE...

Bifurcation of "To Convict" Jury Instructions in Felony Harassment: State v. Morning Mills

Date: Apr 8, 2005

Bifurcation of "To Convict" Jury Instructions in Felony Harassment: State v. Morning Mills Introduction The State of Washington v. Morning Leray Mills, 154 Wn. 2d 1 (2005), is a pivotal case...

Abuse of Discretion in Considering Marital Fault in Property Division: Washington Supreme Court's Ruling in Muhammad Case

Date: Mar 25, 2005

Abuse of Discretion in Considering Marital Fault in Property Division: Washington Supreme Court's Ruling in Muhammad Case Introduction The case of In the Matter of the Marriage of Dawud A. Muhammad...

MOHR v. GRANT: Establishing High Standards for Defamation by Omission

Date: Mar 25, 2005

MOHR v. GRANT: Establishing High Standards for Defamation by Omission Introduction MOHR v. GRANT, 153 Wn.2d 812 (2005), is a seminal case in Washington state law that addresses the complexities of...

Duty of Municipalities to Maintain Safe Roadways: Insights from Owen v. Burlington Northern Santa Fe Railroad Company and City of Tukwila

Date: Mar 25, 2005

Duty of Municipalities to Maintain Safe Roadways: Insights from Owen v. Burlington Northern Santa Fe Railroad Company and City of Tukwila Introduction The case of Jean M. Owen, Individually and as...

Separate Convictions for Assault and Robbery: Washington Supreme Court in Freeman and Zumwalt

Date: Mar 18, 2005

Separate Convictions for Assault and Robbery: Washington Supreme Court in Freeman and Zumwalt Introduction The Supreme Court of Washington addressed critical questions surrounding the application of...

Enhanced Tribal Notification Requirements under the Indian Child Welfare Act: A Comprehensive Analysis of In the Matter of the Dependency of T.L.G. ET AL. v. WILLIAM GILFILLEN ET AL.

Date: Mar 8, 2005

Enhanced Tribal Notification Requirements under the Indian Child Welfare Act: A Comprehensive Analysis of In the Matter of the Dependency of T.L.G. ET AL. v. WILLIAM GILFILLEN ET AL. Introduction The...

Defining the Unit of Prosecution in Double Jeopardy: Insights from STATE v. TVEDT

Date: Mar 4, 2005

Defining the Unit of Prosecution in Double Jeopardy: Insights from STATE v. TVEDT Introduction The case of State of Washington v. Ronald A. Tvedt (153 Wn.2d 705, 2005) addresses a significant legal...

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