Washington Case Commentaries

Protecting Passenger Privacy: Washington Supreme Court Restricts Searches Incident to Driver's Arrest in STATE v. PARKER et al.

Date: Nov 5, 1999

Protecting Passenger Privacy: Washington Supreme Court Restricts Searches Incident to Driver's Arrest in STATE v. PARKER et al. Introduction The Supreme Court of Washington addressed a pivotal issue...

Affirmation of RCW 71.09: Burden of Proof and Procedural Safeguards in Sexually Violent Predator Commitments

Date: Oct 22, 1999

Affirmation of RCW 71.09: Burden of Proof and Procedural Safeguards in Sexually Violent Predator Commitments In the landmark case of In the Matter of the Detention of Richard Garrett Turay,...

Washington Supreme Court Clarifies Double Jeopardy and Sentencing for Multiple Rape Convictions

Date: Oct 8, 1999

Washington Supreme Court Clarifies Double Jeopardy and Sentencing for Multiple Rape Convictions Introduction In The State of Washington v. Fonotaga Tili (139 Wn. 2d 107, 1999), the Supreme Court of...

Affirmation of Death Sentence in State v. Elmore: Implications for Capital Punishment Proceedings

Date: Oct 8, 1999

Affirmation of Death Sentence in State v. Elmore: Implications for Capital Punishment Proceedings Introduction State v. Clark Richard Elmore (139 Wn. 2d 250) is a significant judicial decision by the...

Affirmation of Unlawful Firearm Possession Conviction in State v. Bustamante-Davila

Date: Sep 10, 1999

Affirmation of Unlawful Firearm Possession Conviction in State v. Bustamante-Davila Introduction State of Washington v. Jorge Luis Bustamante-Davila (138 Wn. 2d 964), decided by the Supreme Court of...

Collateral Estoppel in Administrative License Proceedings: Insights from Thompson v. State of Washington Department of Licensing

Date: Aug 20, 1999

Collateral Estoppel in Administrative License Proceedings: Insights from Thompson v. State of Washington Department of Licensing Introduction In the landmark case of Thompson v. State of Washington...

Establishing Comprehensive Accomplice Liability in Second Degree Murder: McDonald v. State of Washington

Date: Aug 6, 1999

Establishing Comprehensive Accomplice Liability in Second Degree Murder: McDonald v. State of Washington Introduction The case of State of Washington v. Nicholaus J. McDonald, reported at 138 Wn. 2d...

Expansion of RCW 4.16.340: Negligence Claims Against Entities in Childhood Sexual Abuse Cases

Date: Jul 30, 1999

Expansion of RCW 4.16.340: Negligence Claims Against Entities in Childhood Sexual Abuse Cases Introduction In the landmark decision C.J.C., Respondent, v. Corporation of the Catholic Bishop of Yakima...

Reaffirming RAP 2.5(a)(3): Addressing Newly Raised Constitutional Claims in Civil Cases

Date: Jul 30, 1999

Reaffirming RAP 2.5(a)(3): Addressing Newly Raised Constitutional Claims in Civil Cases Introduction The case of State of Washington v. WWJ Corporation addresses significant issues concerning the...

Landmark Development, Inc. v. City of Roy: Municipal Water Connection Fee Calculations Without Grant Deductions

Date: Jul 23, 1999

Landmark Development, Inc. v. City of Roy: Municipal Water Connection Fee Calculations Without Grant Deductions Introduction In the landmark case of Landmark Development, Inc. v. City of Roy, the...

Separate Convictions for First-Degree Assault and Burglary Under RCW 9A.52.050: Analysis of STATE v. SWEET and State v. Slaton

Date: Jul 16, 1999

Separate Convictions for First-Degree Assault and Burglary Under RCW 9A.52.050: Analysis of STATE v. SWEET and State v. Slaton Introduction The landmark decision in State of Washington v. Isaac...

Admissibility of Prior Acts under ER 404(b): Washington Supreme Court Upholds Trial Court's Decision in STATE v. WADE

Date: Jul 9, 1999

Admissibility of Prior Acts under ER 404(b): Washington Supreme Court Upholds Trial Court's Decision in STATE v. WADE Introduction The case of The State of Washington v. Charles Fidel Wade (138 Wn....

Pretextual Traffic Stops Violate Washington Constitution's Article I, Section 7: Analysis of STATE v. LADSON

Date: Jul 2, 1999

Pretextual Traffic Stops Violate Washington Constitution's Article I, Section 7: Analysis of STATE v. LADSON Introduction In State of Washington v. Thomas L. Ladson, 138 Wn. 2d 343 (1999), the...

Stipulation to Exceptional Sentences in Plea Agreements: Insights from In re the Personal Restraint Petition of Lawrence Breedlove

Date: Jun 25, 1999

Stipulation to Exceptional Sentences in Plea Agreements: Insights from In re the Personal Restraint Petition of Lawrence Breedlove Introduction The case of In re the Personal Restraint Petition of...

Duty to Protect by Probation and Pretrial Release Counselors: Expanding Taggart Precedent

Date: Jun 25, 1999

Duty to Protect by Probation and Pretrial Release Counselors: Expanding Taggart Precedent Introduction In HERTOG v. CITY OF SEATTLE and King County (138 Wn. 2d 265, 1999), the Supreme Court of...

Inability to Relitigate Minor Infractions in Serious Infraction Hearings: Insights from Gronquist v. Washington Supreme Court

Date: Jun 25, 1999

Inability to Relitigate Minor Infractions in Serious Infraction Hearings: Insights from Gronquist v. Washington Supreme Court Introduction The case of In the Matter of the Personal Restraint of Derek...

Washington Supreme Court Establishes Treatment of Social Security Benefits in Marital Property Division – In re MARRIAGE OF ZAHM

Date: Jun 18, 1999

Washington Supreme Court Establishes Treatment of Social Security Benefits in Marital Property Division – In re MARRIAGE OF ZAHM Introduction The case In re the Marriage of L. Dianne Zahm and Kermit...

Limiting Probable Cause for Drug-Related Home Searches: STATE v. THEIN Establishes Specific Nexus Requirement

Date: Jun 11, 1999

Limiting Probable Cause for Drug-Related Home Searches: STATE v. THEIN Establishes Specific Nexus Requirement Introduction State of Washington v. Steve A. Thein is a landmark case decided by the...

Workers' Compensation Causation: Washington Supreme Court Sets Precedent in RUSE v. DEPARTMENT OF LABOR INDUStries

Date: Jun 4, 1999

Workers' Compensation Causation: Washington Supreme Court Sets Precedent in RUSE v. DEPARTMENT OF LABOR INDUStries Introduction Case: Everett L. Ruse, Petitioner, v. The Department of Labor...

Reconciliation Does Not Nullify Legal Separation Decree: Insights from In Re The Marriage of Lela L. Moody and Homer Moody, Jr.

Date: May 28, 1999

Reconciliation Does Not Nullify Legal Separation Decree: Insights from In Re The Marriage of Lela L. Moody and Homer Moody, Jr. Introduction In Re The Marriage of Lela L. Moody, Respondent, and Homer...