Washington Case Commentaries

Mandated Custodial Arrest Prior to Search Incident to Arrest under Washington’s Article I, Section 7

Date: Jan 31, 2003

Mandated Custodial Arrest Prior to Search Incident to Arrest under Washington’s Article I, Section 7: Analysis from STATE v. O'NEILl Introduction State of Washington v. Matthew Glynn O'Neill, 148 Wn....

Specific Performance of Plea Agreements and the Discretion on Exceptional Sentencing: Washington v. Harrison

Date: Jan 24, 2003

Specific Performance of Plea Agreements and the Discretion on Exceptional Sentencing: Washington v. Harrison Introduction In State of Washington v. Richard Harrison, 148 Wn.2d 550 (2003), the Supreme...

Affirming Local Authority to Revoke Preliminary Plat Approvals: Insights from Pierce County v. HJS Development, Inc.

Date: Jan 24, 2003

Affirming Local Authority to Revoke Preliminary Plat Approvals: Insights from Pierce County v. HJS Development, Inc. Introduction The case of HJS Development, Inc. v. Pierce County (148 Wn. 2d 451)...

Exceptional Sentencing and Collateral Estoppel in Washington: STATE v. TILI

Date: Jan 10, 2003

Exceptional Sentencing and Collateral Estoppel in Washington: STATE v. TILI Introduction Case: The State of Washington v. Fonotaga Tili (148 Wn. 2d 350) Court: The Supreme Court of Washington, En...

Limits of Collateral Estoppel in DUI Cases: Insights from STATE v. VASQUEZ

Date: Dec 20, 2002

Limits of Collateral Estoppel in DUI Cases: Insights from STATE v. VASQUEZ Introduction The State of Washington vs. Ramiro Corona Vasquez, 148 Wn. 2d 303 (2002), presents a significant judicial...

Establishing Disability-Based Hostile Work Environment Claims under Washington Law

Date: Dec 13, 2002

Establishing Disability-Based Hostile Work Environment Claims under Washington Law Introduction In the landmark case of Linda ROBEL v. ROUNDUP CORPoration (148 Wn. 2d 35), the Supreme Court of...

Vickers v. State: Upholding Probable Cause and Identification Standards in Washington Law

Date: Dec 13, 2002

Vickers v. State: Upholding Probable Cause and Identification Standards in Washington Law Introduction The case State of Washington v. John Phillip Vickers and Paul Thomas Vickers, 148 Wn. 2d 91...

Estoppel Against Insurers: Duty to Defend and Bad Faith in Truck Insurance Exchange v. VanPort Homes

Date: Nov 22, 2002

Estoppel Against Insurers: Duty to Defend and Bad Faith in Truck Insurance Exchange v. VanPort Homes, Inc. (147 Wn. 2d 751) Introduction Truck Insurance Exchange ("Truck Insurance"), the petitioner,...

Implied Consent in Electronic Communications under Washington's Privacy Act: STATE v. TOWNSEND

Date: Nov 8, 2002

Implied Consent in Electronic Communications under Washington's Privacy Act: STATE v. TOWNSEND Introduction The case of State of Washington v. Donald Theodore Townsend (147 Wn. 2d 666) presents a...

Assault Cannot Serve as Predicate Felony for Second Degree Felony Murder: Washington Supreme Court Establishes New Precedent

Date: Oct 25, 2002

Assault Cannot Serve as Predicate Felony for Second Degree Felony Murder: Washington Supreme Court Establishes New Precedent Introduction In the landmark case In re Personal Restraint Petition of...

Revisiting Unlawful Delivery of Legend Drugs: Insights from STATE v. CLAUSING

Date: Oct 25, 2002

Revisiting Unlawful Delivery of Legend Drugs: Insights from State of Washington v. Clausing Introduction State of Washington v. Vernon D. Clausing (147 Wn.2d 620, 2002) represents a pivotal case in...

CR 35 Inapplicability in Sexually Violent Predator Commitments Under RCW 71.09

Date: Oct 11, 2002

CR 35 Inapplicability in Sexually Violent Predator Commitments Under RCW 71.09 Introduction The landmark case titled In re Detention of Eddie Leon Williams, Jr., Darren R., and David William...

Mandatory Community Placement in Guilty Plea Agreements: The Hemenway Decision

Date: Oct 11, 2002

Mandatory Community Placement in Guilty Plea Agreements: The Hemenway Decision Introduction In the landmark case of In re the Personal Restraint Petition of David C. Hemenway, the Supreme Court of...

Clarifying Accomplice Liability: Washington Supreme Court's Landmark Decision in STATE v. BROWN et al.

Date: Sep 20, 2002

Clarifying Accomplice Liability: Washington Supreme Court's Landmark Decision in STATE v. BROWN et al. Introduction The State of Washington v. Jacob Patrick Brown et al., 147 Wn. 2d 330 (2002),...

Admissibility of Prior Bad Acts Under ER 404(b): Insights from STATE v. KILGORE

Date: Sep 13, 2002

Admissibility of Prior Bad Acts Under ER 404(b): Insights from STATE v. KILGORE Introduction State of Washington v. Mark Patrick Kilgore, 147 Wn.2d 288 (2002), is a landmark decision by the Supreme...

Affirming the Miles Presumption: Admissibility of Opinion Testimony in Bench Trials – STATE v. READ

Date: Sep 6, 2002

Affirming the Miles Presumption: Admissibility of Opinion Testimony in Bench Trials – STATE v. READ Introduction State of Washington v. Jeremy Mark Read, 147 Wn. 2d 238 (2002), is a significant case...

Space Needle Corp. v. Kamla: Establishing the Limits of Jobsite Owner's Duty of Care and Retained Control

Date: Aug 16, 2002

Space Needle Corp. v. Kamla: Establishing the Limits of Jobsite Owner's Duty of Care and Retained Control Introduction Space Needle Corp. v. Kamla is a landmark decision by the Supreme Court of...

Exclusion of Age as a Protected Class for Independent Contractors under RCW 49.60.030

Date: Aug 2, 2002

Exclusion of Age as a Protected Class for Independent Contractors under RCW 49.60.030 Introduction The case of N. John Kilian and Lyn Kilian v. Mitch Atkinson, adjudicated by the Supreme Court of...

Single Deferred Disposition Eligibility for Juveniles under RCW 13.40.127

Date: Jul 26, 2002

Single Deferred Disposition Eligibility for Juveniles under RCW 13.40.127 Introduction In the case of State of Washington v. Justin William Watson, the Supreme Court of Washington addressed a pivotal...

Miscalculation of Offender Score in Sentencing: In re the Personal Restraint Petition of Jerry Goodwin

Date: Jul 26, 2002

Miscalculation of Offender Score in Sentencing: In re the Personal Restraint Petition of Jerry Goodwin Introduction The case In re the Personal Restraint Petition of Jerry Goodwin (146 Wn. 2d 861)...