| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B134841
|
People v. Salgado
Post-conviction dismissal of jury's verdict based on insufficiency of evidence is appealable and doesn't violate Double Jeopardy Clause. |
Criminal Law and Procedure |
|
May 18, 2001 | |
|
G026965
|
People v. Hoffman
Defendant waives right to appeal suppression motion by failing to renew motion before trial judge. |
Criminal Law and Procedure |
|
May 18, 2001 | |
|
67902-9
|
State v. McCarty
Information charging conspiracy to deliver controlled substance is fatally defective where it fails to allege involvement of more than two people. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
00-3066
|
U.S. v. Espinoza
Sixth Amendment was not violated by giving 'deliberate ignorance' jury instruction or by admitting evidence of family members' drug offenses. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
67470-1
|
Washington v. Berry
Two 'stayed' California convictions are properly counted as strikes under Persistent Offender Accountability Act. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
00-2318
|
U.S. v. White
Conditions of supervised release must be sufficient, but not greater than necessary. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
68095-7
|
State v. Washington
Vehicle is used in commission of felony where drugs are placed in console and gun is concealed under seat. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
68017-5
|
In the Matter of the Personal Restraint of Jose Echeverria
Right of allocution is satisfied when accused makes statement to court in direct testimony during sentencing. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
67996-7
|
State v. Ross
Warrantless search conducted at 12:10 am for sole purpose of discovering marijuana to justify issuance of warrant violates 4th Amendment. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
68239-9
|
State v. Kinzy
Seizure of minor is unreasonable and does not fall within purview of community caretaking exception to warrant requirement. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
68216-0
|
In re the Recall of Cathy Pearsall-Stipek
Petition to recall county auditor is factually and legally sufficient as to false swearing allegation. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
68098-1
|
State v. Root
Proper 'unit of prosecution' for sexual exploitation of minor is per photo session, per minor involved in each session. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
67994-1
|
City of Kennewick v. Day
Evidence of defendant's reputation for sobriety is admissible to show defendant's lack of intent to possess or use drugs. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
67963-1
|
State v. Williams
'Automatic standing' doesn't apply where defendant challenges officer's entry into third-party's residence, but contraband found during lawful search of person incident to arrest. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
68053-1
|
Personal Restraint Petition of Davis
Accused may be convicted of two counts of possession with intent to manufacture where accused had two, wholly self-contained marijuana grow operations. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
68228-3
|
Sebastian v. Department of Labor & Industries
Victims Compensation Act Collateral benefits received by criminal assault victim should be deducted from his total damages rather than from $30,000 statutory cap. |
Criminal Law and Procedure |
|
May 17, 2001 | |
|
99-2254
|
Elliott v. Williams
Conviction stands despite attorney's failure to present defense and admission of confession made under influence of heroin. |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
99-7117
|
Benson v. Martin
Order |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
00-3036
|
U.S. v. Mock
Order |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
00-2437
|
Juda v. Nerney
Order |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
00-1100
|
U.S. v. Saucedo
Order |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
00-1350
|
U.S. v. Saenz
Order |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
65512-0
|
State of Washington v. Roberts
Major participation in events leading to homicide required to sustain death penalty verdict where defendant acted only as accomplice |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
G023433
|
People v. Han
Circumstantial evidence may be used to prove that defendant conspired with others to murder her twin sister. |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
99-10049
|
U.S. v. Enas
Defendant may be tried in federal court even though previously tried for same conduct in Indian tribal court. |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
B130673
|
People v. Duncan
Under "two preliminary hearings" rule, court must set aside information where it's subsequently determined that defendant was incompetent at time of preliminary hearing. |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
F030228
|
People v. O'Neal
Jury may consider defendant's prior sexual offenses without violating defendant's due process rights. |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
99-55395
|
F.J. Hanshaw Enterprises, Inc. v. Emerald River Development, Inc.
Criminal sanction imposed by court for bribery of court-appointed receiver in partnership dissolution denied guilty party procedural protections guaranteed by Constitution. |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
00-3229
|
U.S. v. Walton
Order |
Criminal Law and Procedure |
|
May 16, 2001 | |
|
00-2381
|
Truelove v. Smith
Order |
Criminal Law and Procedure |
|
May 16, 2001 |