Case Law Update, Week Ending 7-31-15

The following criminal cases of note were decided during the last week: Federal Law Ninth Circuit Court of Appeals Robinson v Lewis: The panel asked the California Supreme Court to resolve a question of state law that the Ninth Circuit has long struggled to answer, observing that this struggle absorbs appellate and district court resources.…

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City of Kent v. Cobb | Is 5 ng. Arbitrary?

The Washington Supreme Court is sending Kent v Cobb back to Division I to examine Due Process and whether the I-502 statute violates constitutional rights because it fails to ·provide notice that conduct was unlawful when courts applied and interpreted it in an arbitrary manner. “…a person cannot know when his conduct passes from lawful driving after consuming a small…

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Case Law Update

  The following criminal cases of note were decided during the last week: Federal Law Ninth Circuit Court of Appeals United States v. Guzman-Ibarrez: The panel vacated a conviction and sentence for illegal reentry after deportation or removal in violation of 18 U.S.C. § 1326 and remanded for the district court to consider whether the…

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Case Law Update, Week ending 7-3-15

The following criminal cases of note were decided during the last week: Federal Law United States Supreme Court Glossip v. Gross: In an opinion authored by Justice Alito and joined by the Chief Justice and Justices Scalia, Kennedy, and Thomas, the Court found that Oklahoma death-row inmates §1983 claim failed to establish a likelihood of…

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SB 5052 and Collective Gardens

On April 24th Governor Inslee partially vetoed and signed ESSB 5052 into law. While many provisions have different effective dates, there is one section that is effective as soon as the law is filed with the register. We are referencing Section 32, which sets out changes to the Collective Garden Statute. The major change in this…

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State v. Reis (Summary)

  Washington State Supreme Court State v. Reis: In a unanimous opinion authored by Justice Wiggins, the court found that the 2011 amendments to RCW 69.51A.040 do not decriminalize the possession of marijuana for medical use because such decriminalization was conditioned upon the establishment of a statewide registry of medical marijuana patients. However, because Governor…

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Case Law Update (February 2015)

The following criminal cases of note were decided during the last two weeks: Federal Law  United States Supreme Court Holt v. Hobbs: Justice Alito, writing for a unanimous Court, held that Arkansas Department of Correction should have provided a reasonable exception to its prohibition against beards to the petitioner, a devout Muslim for whom shaving…

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Case Law Update (August, 2014)

Washington State Law Supreme Court of Washington State v. Homan:  In an opinion authored by Justice Wiggins and joined by Chief Justice Madsen and Justices Fairhurst, J.M. Johnson (P.T.), Stephens, Gonzalez, and Gordon McCloud, the Court found sufficient evidence to uphold Mr. Homan’s conviction of child luring when the evidence demonstrated that Mr. Homan had…

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