| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18106-5
|
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 | |
|
18301-7
|
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 | |
|
18331-9
|
State v. Vanderpool
Substantial compliance is not viable defense for failing to register as sex offender. |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
00-15432
|
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 | |
|
16612-1
|
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 | |
|
17942-7
|
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 | |
|
25300-3-II
|
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 | |
|
25380-1-II
|
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 | |
|
17982-6
|
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 | |
|
17951-6-III
|
State v. Wilson
Investigation costs are properly included in embezzlement, restitution fine. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
17950-8-III
|
State v. Johnston
Attempted second-degree murder conviction does not merge into first-degree robbery conviction. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
17880-3-III
|
Washington v. French
Prosecutorial remarks touching on accused's right to remain silent are subject to 'incurable prejudice analysis. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
17743-2
|
State v. Julian
Prosecutor's minimal and unenthusiastic remarks at sentencing constitutionally satisfy State's performance of plea agreement. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
S074453
|
People v. Johnson
Review granted |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18402-1
|
State v. Pietrzak
Statute prohibiting communication with minor for immoral purposes is not unconstitutionally vague. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18287-8
|
State v. Cormier
Defendant's assault on officer justified custodial arrest and seizure of drugs despite illegality of original stop. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18338-6
|
State v. Todd
Fingerprint evidence alone is insufficient to support conviction for possession with intent to deliver. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18220-7
|
State v. Barragan
Evidence of prior assaults is admissible to show victim had reasonable belief that threat of violence would occur. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18261-4-III
|
State v. Portrey
One may not be convicted of both possessing more than 40 grams of marijuana and possessing marijuana with intent to manufacture/deliver. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18359-9-III
|
State v. Dauenhauer
Jury instruction regarding defendant's election not to testify was not prejudicial but restitution order was improper. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18060-3
|
State v. Hall
Court's refusal to give voluntary intoxication and attempted assault instructions and to include intent in 'to convict' instructions was not error. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18190-1
|
State of Washington v. Cook
Probable cause to arrest where passenger of stopped vehicle gives officer independent cause to question and illegal drugs in plain view. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
18308-4
|
State v. Hernandez-Hernandez
No ineffective assistance of counsel in cocaine delivery case where attorney argued mitigating factors for lower range standard sentence. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
C034462
|
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
B139597
|
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence. |
Criminal Law and Procedure |
|
May 10, 2001 | |
|
99-6387
|
U.S. v. Sparks
Order |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
96-99020
|
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
96-99025
|
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-5115
|
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-4245
|
U.S. v. Magleby
Burning of cross at interracial couple's home is violation of civil rights when act is racially motivated and due to couple's presence in neighborhood. |
Criminal Law and Procedure |
|
May 9, 2001 |