Category Archives: Washington Supreme Court

1. Death Row Inmate Gets New Trial – Stenson

   May 15, 2012 —

   In theory, death penalty cases should be handled just like any other criminal trial – with both requiring evidence “beyond a reasonable doubt” in order to gain a conviction. But in actuality, all aspects of a death penalty cases must be able to pass thorough scrutiny because of the severity (and irreversibility) of the sentence. … [More]

2. City Of Auburn Marijuana Conviction (Smoking While Driving)Tossed Out

   Apr 24, 2012 —

   From time to time, you hear about a law in Washington or another state that conflicts with a federal law. One of the most high-profile examples of this is the impending marijuana legalization initiative which will appear on the ballot in the fall. The referendum would designate state-run stores which could sell certain amounts of … [More]

3. Prosecutor Resigns After Conviction Tossed Out For Racist Comments

   Feb 17, 2012 —

   In 2007, Kevin L. Monday Jr. was convicted of first-degree murder and first-degree assault and sentenced to serve 64 years in prison. Prosecutors convinced a jury that Monday was the man who murdered Francisco Roche Green by firing numerous shots on a Seattle street. Jurors were swayed by a videotape which showed Monday as the … [More]

4. 2012 Washington DUI Caselaw Update – State v. Morales (January 2012) – Implied Consent Warnings

   Jan 28, 2012 —

   Drivers in Washington State have consented, unknowingly, to give a breath or blood sample when an officer has probable cause to arrest for driving under the influence or more serious offenses like vehicular homicide or assault.  But before administering a blood alcohol test of a person suspected of a felony such as vehicular assault, the arresting officer … [More]

5. Washington DUI Caselaw Summary – Harris v. Charles (May 2011)

   Dec 8, 2011 —

   The Supreme Court of Washington decided that mandating credit for time served on pretrial home detention was not required in misdemeanor courts as it is in felony courts. Such different treatment of misdemeanants than felons was not an equal protection violation. Interestingly, the Supremes reason that mandating the credit in the lower courts would significantly … [More]

6. Washington DUI Caselaw Summary – State v. Eriksen (September 2011)

   Oct 23, 2011 —

   The Washington State Supreme Court considered whether a tribal officer observing a traffic infraction on the Lummi Reservation could stop a driver outside the reservation.  The answer here is “no.” Ms. Eriksen was observed driving with bright lights on, crossing the center line and almost striking the officers car.  Once the Lummi Police Officer stopped … [More]