| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-0227
|
State v. McCann
Rebuttable presumption of regularity attaches to prior convictions used to enhance sentence or as element of crime. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
01-2077
|
U.S. v. Cortez
Order |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
00-0242
|
State v. Rodriguez
Case remanded when record does not support court's imposition of prison sentence instead of suspended sentence and probation as provided by statute. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
00-0284
|
State v. Paleo
Waiver of preemptory strikes during jury selection is insufficient alone to establish prima facie case of discrimination. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23492-1-II
|
State v. Fiser
Ban on viewing pornographic material and consuming alcohol is proper condition of sex offender's community placement. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
22110-1
|
State v. Wimbish
Defendant cannot compel attendance of out-of-state witnesses where he is unable to show that witnesses' testimony is material to his defense. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
22613-8-II
|
State v. Flowers
Whether state can establish corpus delicti for attempt to elude without proving identity of perpetrator depends on facts of case. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23154-9
|
State v. Henderson
Plea agreement only binds prosecutor and accused; trial court isn't bound to agreement's recommendations. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
S072071
|
People v. Jones
For sentencing purposes, sex offenses occurred on single occasion if they were committed in close temporal and spatial proximity. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
99-1702
|
Texas v. Cobb
Sixth Amendment right to counsel attaches at first indictment and to subsequent investigation where two offenses are factually interwoven. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
99-55097
|
U.S. v. Daniels
In the context of sentence enhancement, validity of prior convictions may only be collaterally challenged if deprivation of counsel alleged. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23779-2
|
State v. Demery
Audiotaped interview of defendant is admissible only if interviewing officer's statements are redacted from tape. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
24161-7
|
State v. Noel
Although court doesn't have authority to vacate misdemeanor convictions, it can prevent disclosure of conviction by sealing criminal records. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
24004-1
|
State v. Huffmeyer
Time spent in proceedings on separate charge is included in speedy trial calculation when state fails to diligently bring accused to court. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23523-4
|
Ross v. State
Court cannot exclude evidence that less restrictive alternative to commitment would reduce accused's likeliness of reoffending when it is crucial evidence to valid defense. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23951-5
|
State v. Warfield
Accuseds' erroneous belief that they have authority to arrest individual does not transform conduct into crime of unlawful imprisonment. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23836-5
|
Washington v. Chapple
Courtroom Trial court does not abuse its discretion by excluding accused from courtroom for disruptive behavior. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23643-5
|
State v. Avery
Motorist who was not under suspicion for driving under the influence is not entitled to warning prior to blood test. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23560-9
|
State v. Russell
Evidence of convictions more than 10 years ago must be more probative than prejudicial to be considered in non-persistent offender sentencing. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
18524-9
|
State v. Side
Comments made by defendant during anger management counseling that threatened judge are punishable as crime. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
69140-1
|
State v. Chandler
In juvenile cases, adjudicatory hearings must be held within 60 days of arraignment or the charges shall be dismissed with prejudice. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
66686-5
|
In re Brown
Conviction and death sentence affirmed where petitioner did not show ineffective assistance of counsel, new evidence or constitutional violations. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
23843-8
|
State v. Haberman
Reference to older law in jury instructions and charging documents resulted in jury convicting defendant of conduct that is no longer illegal. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
B103468
|
People v. Gonzalez
Drunk driver isn't entitled to jury instruction stating not guilty if reckless driving caused by fear. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
C025452
|
People v. Murphy
Court's failure to impose five-year enhancement on defendant with prior serious felony conviction is error. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
B127097
|
People v. McCoy
Trial court's failure to impose additional restitution fine may be raised for first time on appeal. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
23458-1
|
State v. Moline
Accused may withdraw guilty plea where only substantive legal advice he received was inaccurate advice from attorney's legal assistant. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
23431-9
|
State v. Schmidt
A 1994 amendment punishing 1997 criminal conduct does not violate ex post facto clause even though 1997 conviction is predicated on 1988 conduct. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
23450-5
|
State v. Hahn
Restitution order must establish causal connection between victims' expenses and crime committed. |
Criminal Law and Procedure |
|
Apr. 30, 2001 | |
|
22807-6
|
State v. Matthews
Telephone conversation is not illegally recorded by Tacoma police merely because accused calls from area outside Tacoma's jurisdiction. |
Criminal Law and Procedure |
|
Apr. 30, 2001 |
