Washington Case Commentaries

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...

Limitations on State-Provided Counsel for Post-Sentencing Plea Withdrawals under CrR 3.1(b)(2)

Date: Feb 25, 2005

Limitations on State-Provided Counsel for Post-Sentencing Plea Withdrawals under CrR 3.1(b)(2) Introduction In the landmark case of The State of Washington v. Tony Douglas Robinson, 153 Wn. 2d 689...

Stock Option Conversion Upon Exercise: Washington Supreme Court Establishes New Precedent

Date: Feb 11, 2005

Stock Option Conversion Upon Exercise: Washington Supreme Court Establishes New Precedent Introduction The case of In the Matter of the Marriage of Margo R. Langham and Velle J. Kolde, adjudicated by...

Affirmation of "Reckless Manner" Definition in Vehicular Offenses

Date: Feb 11, 2005

Affirmation of "Reckless Manner" Definition in Vehicular Offenses Introduction In the landmark case THE STATE OF WASHINGTON v. MICHAEL ROGGENKAMP, decided by the Supreme Court of Washington on...

Supreme Court of Washington Mandates Free Delivery of Inmate Property Upon Transfer

Date: Jan 14, 2005

Supreme Court of Washington Mandates Free Delivery of Inmate Property Upon Transfer Introduction In the landmark case of LONNIE BURTON ET AL. v. JOSEPH LEHMAN, as Secretary of the Department of...

Knowledge Not Required for Firearm Enhancement in Sentencing: Analysis of State v. Barnes

Date: Jan 14, 2005

Knowledge Not Required for Firearm Enhancement in Sentencing: Analysis of State v. Barnes Introduction State of Washington v. Erik Vincent Barnes, 153 Wn. 2d 378 (2005), is a pivotal case in...

Severability Clauses in Arbitration Agreements: The Therese R. Zuver Case

Date: Dec 24, 2004

Severability Clauses in Arbitration Agreements: The Therese R. Zuver Case Introduction In the landmark case of Therese R. Zuver v. Airtouch Communications, Inc., et al., 153 Wn. 2d 293 (2004), the...

Enforceability of Employment Arbitration Agreements: Insights from Adler v. Fred Lind Manor

Date: Dec 24, 2004

Enforceability of Employment Arbitration Agreements: Insights from Adler v. Fred Lind Manor Introduction The case of Gerard Adler v. Fred Lind Manor et al., decided by the Supreme Court of Washington...

Washington Supreme Court Establishes Unified Approach to Hostile Work Environment Claims in Antonius v. King County

Date: Dec 24, 2004

Washington Supreme Court Establishes Unified Approach to Hostile Work Environment Claims in Antonius v. King County Introduction In Rose Antonius v. King County, 153 Wn.2d 256 (2004), the Supreme...

Establishing 'Clear, Cogent, and Convincing' Evidence Standard for Lost Wills and Clarifying Res Judicata in Probate: In re Estate of Margaret Black

Date: Dec 10, 2004

Establishing 'Clear, Cogent, and Convincing' Evidence Standard for Lost Wills and Clarifying Res Judicata in Probate: In re Estate of Margaret Black Introduction In the landmark case In the Matter of...

Limits on Consent Searches and Defense Counsel’s Duty to Challenge Illegal Seizures: State v. Reichenbach

Date: Nov 25, 2004

Limits on Consent Searches and Defense Counsel’s Duty to Challenge Illegal Seizures: State v. Reichenbach Introduction In The State of Washington v. Steven I. Reichenbach, the Supreme Court of...

Supreme Court of Washington Establishes Invalidity of Second Degree Felony Murder Convictions Based on Assault

Date: Nov 19, 2004

Invalidity of Second Degree Felony Murder Convictions Based on Assault: A Comprehensive Analysis of In the Matter of the Personal Restraint of JESSE HINTON, ET AL. Introduction The case of Jesse...

Washington Supreme Court Establishes Non-Retroactive Application of SRA Amendments on Juvenile Convictions

Date: Nov 19, 2004

Washington Supreme Court Establishes Non-Retroactive Application of SRA Amendments on Juvenile Convictions Introduction In the landmark case of In the Matter of the Personal Restraint of Christopher...

Ensuring Public Trial Rights and Preventing Double Jeopardy: Comprehensive Analysis of State v. Orange

Date: Nov 11, 2004

Ensuring Public Trial Rights and Preventing Double Jeopardy: Comprehensive Analysis of State v. Orange Introduction In State v. Orange, the Supreme Court of Washington addressed critical issues...

Independent Consideration Required for Post-Employment Noncompete Agreements

Date: Nov 11, 2004

Independent Consideration Required for Post-Employment Noncompete Agreements Introduction The Supreme Court of Washington, in Anthony A. Labriola v. Pollard Group, Inc. (152 Wn.2d 828, 2004),...

Affirming Conviction but Remanding for Penalty Phase: Ineffective Assistance of Counsel in the Shackling of Cecil Emile Davis

Date: Nov 5, 2004

Affirming Conviction but Remanding for Penalty Phase: Ineffective Assistance of Counsel in the Shackling of Cecil Emile Davis Introduction This commentary examines the Supreme Court of Washington's...

Reaffirming Strict Liability for Unlawful Possession of Controlled Substances in Washington State

Date: Oct 15, 2004

Reaffirming Strict Liability for Unlawful Possession of Controlled Substances in Washington State Introduction In the landmark case of The State of Washington v. Donald Edward Bradshaw and Christian...

Redetermination of Probable Cause in Search Warrants: The Maddox Decision

Date: Oct 15, 2004

Redetermination of Probable Cause in Search Warrants: The Maddox Decision Introduction In the landmark case The State of Washington v. Christopher Dorian Maddox, 152 Wn.2d 499 (2004), the Supreme...

Washington Supreme Court Establishes Validity of Settlement Offers Without Itemization and 30-Day Period in Eminent Domain Cases

Date: Oct 8, 2004

Washington Supreme Court Establishes Validity of Settlement Offers Without Itemization and 30-Day Period in Eminent Domain Cases Introduction The case of The State of Washington v. Elroy Costich (152...