Washington Case Commentaries

Termination of Parental Rights Confirmed Despite Proposed Guardianship: Clarifications on RCW 13.34.180(6)

Date: May 14, 1999

Termination of Parental Rights Confirmed Despite Proposed Guardianship: Clarifications on RCW 13.34.180(6) Introduction The case of In re Dependency of K.S.C., B.D. 11/02/92, Minor Child. Beverly...

Washington Supreme Court Establishes Separate Property Status for Post-Dissolution Disability Benefits

Date: May 7, 1999

Washington Supreme Court Establishes Separate Property Status for Post-Dissolution Disability Benefits Introduction In the landmark case In re Marriage of Michael A. Brewer v. Deborah Q. Brewer,...

Impact of Defendant Shackling on Capital Sentencing: A Commentary on State of Washington v. Charles Ben Finch

Date: May 7, 1999

Impact of Defendant Shackling on Capital Sentencing: A Commentary on State of Washington v. Charles Ben Finch Introduction State of Washington v. Charles Ben Finch is a pivotal case decided by the...

Due Process Protection Against Retrospective Application of Statutory Changes in Child Molestation Cases – State v. Fonua Aho

Date: Apr 23, 1999

Due Process Protection Against Retrospective Application of Statutory Changes in Child Molestation Cases – State v. Fonua Aho Introduction State of Washington v. Fonua Aho is a pivotal case decided...

State v. Bencivenga: Affirming Rational Inference of Intent in Attempted Burglary Under Washington Law

Date: Apr 16, 1999

State v. Bencivenga: Affirming Rational Inference of Intent in Attempted Burglary Under Washington Law Introduction State of Washington v. James Bencivenga, 137 Wn.2d 703 (1999), is a pivotal case...

No Accomplice Liability for Omissions: STATE v. JACKSON Establishes Limits under Washington Law

Date: Apr 16, 1999

No Accomplice Liability for Omissions: STATE v. JACKSON Establishes Limits under Washington Law Introduction State of Washington v. Michael A. Jackson and Laurinda J. Jackson is a landmark case...

Foreseeability Not Required for Restitution in Criminal Cases: An Analysis of STATE v. ENSTONE

Date: Apr 16, 1999

Foreseeability Not Required for Restitution in Criminal Cases: An Analysis of State of Washington v. Enstone Introduction State of Washington v. Douglas Enstone, 137 Wn.2d 675 (1999), is a seminal...

Application of Berg Context Rule to Restrictive Covenants in Washington State

Date: Apr 16, 1999

Application of Berg Context Rule to Restrictive Covenants in Washington State Introduction In the landmark case of HOLLIS v. GARWALL, INC., the Supreme Court of Washington addressed the applicability...

Clarification of the Invited Error Doctrine in Jury Instructions on Self-Defense

Date: Apr 2, 1999

Clarification of the Invited Error Doctrine in Jury Instructions on Self-Defense Introduction The case at hand involves six consolidated appeals before the Supreme Court of Washington, En Banc,...

Affirmation of Right to Challenge Classification of Prior Out-of-State Convictions on Appeal: STATE v. MCCORKLE

Date: Mar 12, 1999

Affirmation of Right to Challenge Classification of Prior Out-of-State Convictions on Appeal: State of Washington v. Edward A. McCorkle Introduction State of Washington v. Edward A. McCorkle is a...

Washington Supreme Court Permits Appeal on Sentencing Classification of Out-of-State Convictions Without Specific Objection

Date: Mar 12, 1999

Washington Supreme Court Permits Appeal on Sentencing Classification of Out-of-State Convictions Without Specific Objection Introduction The case of State of Washington v. Earl Lee Ford a/k/a Robert...

Reviving Jury Trial Rights Post-Mistrial and Amendment of Pleadings After Arbitration: Insights from WILSON v. HORSLEY

Date: Mar 12, 1999

Reviving Jury Trial Rights Post-Mistrial and Amendment of Pleadings After Arbitration: Insights from WILSON v. HORSLEY Introduction WILSON v. HORSLEY, 137 Wn. 2d 500 (1999), adjudicated by the...

Trade Secret Protection Extends to Memorized Information under Washington's Uniform Trade Secrets Act

Date: Feb 26, 1999

Trade Secret Protection Extends to Memorized Information under Washington's Uniform Trade Secrets Act Introduction The case of Ed Nowogroski Insurance, Inc. v. Michael Rucker et al. adjudicated by...

Denial of Personal Restraint Petition in Jonathan Lee Gentry Case: Upholding Due Process and Procedural Standards

Date: Feb 19, 1999

Denial of Personal Restraint Petition in Jonathan Lee Gentry Case: Upholding Due Process and Procedural Standards Introduction The case of In re the Personal Restraint Petition of Jonathan Lee...

MARTINI v. BOEING CO.: Washington Supreme Court Clarifies Front and Back Pay in Disability Discrimination Claims

Date: Feb 12, 1999

MARTINI v. BOEING CO.: Washington Supreme Court Clarifies Front and Back Pay in Disability Discrimination Claims Introduction In MARTINI v. BOEING CO., the Supreme Court of Washington, en banc,...

Substantial Compliance and Party Joinder in Writ Proceedings: Crosby v. County of Spokane

Date: Feb 5, 1999

Substantial Compliance and Party Joinder in Writ Proceedings: Crosby v. County of Spokane Introduction Crosby v. County of Spokane, 137 Wn.2d 296 (1999), adjudicated by the Supreme Court of...

Enhancing Passenger Privacy Rights During Traffic Stops: STATE v. MENDEZ Commentary

Date: Jan 29, 1999

Enhancing Passenger Privacy Rights During Traffic Stops: STATE v. MENDEZ Commentary Introduction STATE v. MENDEZ, 137 Wn. 2d 208 (1999), is a landmark decision by the Supreme Court of Washington that...

Standing and Prematurity in Private Quo Warranto Actions: Quick-Ruben v. Verharen

Date: Dec 25, 1998

Standing and Prematurity in Private Quo Warranto Actions: Quick-Ruben v. Verharen Introduction Quick-Ruben v. Verharen (No. 65564-2, 136 Wn. 2d 888) is a landmark case decided by the Supreme Court of...

Municipal Liability in Inverse Condemnation: Insights from King County v. Phillips

Date: Dec 25, 1998

Municipal Liability in Inverse Condemnation: Insights from King County v. Phillips Introduction The case of Lonni C. Phillips, et al. v. King County; Lozier Homes, Inc. (136 Wn. 2d 946) adjudicated...

Washington Supreme Court Establishes Limits on Nonparent Visitation Petitions

Date: Dec 25, 1998

Washington Supreme Court Establishes Limits on Nonparent Visitation Petitions Introduction The Supreme Court of Washington addressed critical issues in the consolidated cases of In the Matter of the...

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