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Name Category Published
State v. Pierson
Court does not err by continuing restitution hearing beyond 60-day period it originally required because continued hearing date was within 180-day statutory limit.
Criminal Law and Procedure May 14, 2001
State v. Nemitz
It is improper for court to allow prosecution to imply defendant's guilt because he exercised his Miranda rights.
Criminal Law and Procedure May 14, 2001
People v. Williams
Review granted
Criminal Law and Procedure May 14, 2001
State v. Bridges
Court is not justified in imposing exceptional sentence for multiple convictions below presumptive standard range for one offense.
Criminal Law and Procedure May 14, 2001
State of Washington v. Austin
Detective on official police business who discovers marijuana by entering garage without permission conducts illegal search and seizure.
Criminal Law and Procedure May 14, 2001
State v. Grant
When prosecution argues alternative means of committing drunk driving offense, charging document need not state alternatives.
Criminal Law and Procedure May 14, 2001
People v. Duran
Carjacking is lesser included offense of kidnapping for carjacking, and elements of carjacking should be treated same as elements for robbery.
Criminal Law and Procedure May 14, 2001
Eide v. Washington Dept. of Licensing
Revocation of driver's license not appealable as a matter of right, but is subject to discretionary review.
Criminal Law and Procedure May 13, 2001
State v. Avila
Student's threats to teacher made to other students is sufficient to show intent where teacher learns of threats from others.
Criminal Law and Procedure May 13, 2001
State v. Combs
Polygraph examinations of released sex offender must be limited in scope to determine compliance with community placement order.
Criminal Law and Procedure May 13, 2001
Johnson v. County of Kittitas
Surety may surrender persons released on bail if surety believes himself insecure.
Criminal Law and Procedure May 13, 2001
Green v. Mcallister
Court may not reduce jury award when it concludes award is not result of passion or prejudice.
Criminal Law and Procedure May 13, 2001
State v. Baggett
Defendant's diminished capacity and manner of holding rifle support conviction of unlawful display of firearm.
Criminal Law and Procedure May 13, 2001
Spence v. Kaminski
Restraining order, not based on recent act of domestic violence, is proper and violates neither state statute nor U.S. Constitution.
Criminal Law and Procedure May 13, 2001
State v. Barnett
Two weeks of abuse does not constitute a prolonged pattern to justify exceptional sentence.
Criminal Law and Procedure May 13, 2001
In re E.L.W.
Normal civil discovery rules apply in civil commitment proceedings of sexually violent predators.
Criminal Law and Procedure May 13, 2001
People v. O'Hare
Review granted
Criminal Law and Procedure May 11, 2001
Escamilla v. Tri-City Metro Drug Task Force
Administrative property forfeiture hearing is deemed commenced when claimant is notified that some stage of hearing will be conducted.
Criminal Law and Procedure May 11, 2001
People v. Valentine
Threatened 'hardship' is not form of 'duress' for crimes of forcible oral copulation and forcible penetration by foreign object.
Criminal Law and Procedure May 11, 2001
State v. Aronhalt
When applying 'wash out' provisions of three strikes law, court must accurately know crime classification and comparability determinations of prior foreign convictions.
Criminal Law and Procedure May 11, 2001
Matter of Rangel
Consecutive sentencing for 10 assault convictions arising out of single event is proper despite brief respite between acts of assault.
Criminal Law and Procedure May 11, 2001
State v. Vanderpool
Substantial compliance is not viable defense for failing to register as sex offender.
Criminal Law and Procedure May 11, 2001
Bunney v. Mitchell
Petition filed in federal court challenging conviction more than one year after enactment of statute of limitations is untimely.
Criminal Law and Procedure May 11, 2001
State v. Flett
Court errs in ordering 459 months mitigated exceptional sentence to individual convicted on four counts of first-degree assault with a firearm.
Criminal Law and Procedure May 10, 2001
State v. Read
Defendant cannot be convicted of both second-degree murder and first-degree assault without violating double jeopardy principles.
Criminal Law and Procedure May 10, 2001
State v. Toney
Amended version of sentencing statute does not apply to offenses committed prior to its effective date.
Criminal Law and Procedure May 10, 2001
State v. Todd
State's motion to revoke deferred disposition is timely and gives sufficient notice to juvenile of allegations against him.
Criminal Law and Procedure May 10, 2001
State v. Garza
Inmates' right to counsel is presumptively violated when jail officials seize and examine inmates' legal documents in connection with attempted jail escape.
Criminal Law and Procedure May 10, 2001
State v. Wilson
Investigation costs are properly included in embezzlement, restitution fine.
Criminal Law and Procedure May 10, 2001
State v. Johnston
Attempted second-degree murder conviction does not merge into first-degree robbery conviction.
Criminal Law and Procedure May 10, 2001