Author Archive

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

Washington State Law

Washington State Supreme Court

Detention of D.F.F.: The Court held that the Superior Court Mental Proceeding Rule 1.3, which provides involuntary commitment proceedings “shall not be open to the public, unless the person who is the subject of the proceedings or his attorney files with the court a written request that the proceedings be public,” violates the right to open administration of justice under article I, ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

Washington State Law

Washington State Supreme Court

State v. Eserjose: The Court affirmed Mr. Eserjose’s conviction for second degree burglary, holding that even though officers exceeded the scope of the invitation to enter the home and arrested Mr. Eserjose in a private area, thus rendering the arrest illegal, Mr. Eserjose’s confession was nevertheless properly admitted. The Court found that the confession was sufficiently attenuated from the arrest ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

Washington State Law

Washington State Supreme Court

Seattle v. May: The Court affirmed Mr. May’s conviction for violation of a domestic violence protection order, finding Mr. May’s claim that the order was invalid was violated by collateral estoppel. The Court also found that Mr. May’s claim that he lacked notice that violating the no-contact provision of the order was a criminal offense was meritless, as Mr. May in ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court

Personal Restraint of Strandy: The Court granted Mr. Strandy’s motion for discretionary review and remanded to the trial court with directions to vacate two felony murder convictions that the trial court merged with two aggravated first degree murder convictions for sentencing purposes, but did not vacate at the time of sentencing. ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court

State v. Mutch: The Court affirmed Mr. Mutch’s conviction and 400-month sentence on five counts of second degree rape and one count of second degree kidnapping. In so doing, the court held that the trial court had the authority to impose this exceptional sentence and that it properly calculated his offender ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Division One Court of Appeals

State v. J. M.: The Court upheld a school resource officer’s warrantless post-arrest search of a high school student’s backpack on school grounds. The Court found that the school resource officer fit the definition of “school official” conducting a school search and therefore the officer needed only reasonable grounds to search ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court:

State v. Williams: When stopped on suspicion of first degree theft, Mr. Williams gave officers a false name, apparently to avoid discovery of an outstanding warrant. Mr. Williams was convicted of the theft along with a charge of making a false statement, and one of obstruction. The Court reversed the obstruction charge, ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court:

In Re Detention of West: The Court affirmed Mr. West’s commitment as a Sexually Violent Predator (SVP), and denied his motion for a new trial, finding that Mr. West was not prejudiced by the trial court’s evidentiary rulings admitting testimony regarding the SCC’s treatment phases, confinement conditions and community transition programs, finding ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court:

State v. Sandoval: The Court found that in light of the United States Supreme Court decision in Padilla v. Kentucky, Mr. Sandoval was denied effective assistance of counsel when his attorney urged him to take a plea offer that resulted in his guilty plea to third degree rape and subsequent deportation proceedings. ...

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court:

State v. Hager: The Court reversed a Court of Appeals ruling which concluded that a detective’s statement during trial on Mr. Hager’s first degree child rape charge that Mr. Hager was “evasive” infringed upon Mr. Hager’s right to self-incrimination. The Court found that the statement did not violate that right. The Court agreed that the statement was improper but found that, to ...