Tag: due process

You’re All Better Now: Courts Will Presume Defendants Are Competent After Treatment

In State v. Coley, the Washington Supreme Court ruled 7-2 that defendants bear the burden of proof for establishing they are incompetent to stand trial after they complete therapeutic treatment designed to restore them to competency.  While the right to be competent during a criminal trial is grounded in the 14th Amendment to the U.S. Constitution, … Continue Reading

Even Creeps Have a Right to Privacy: Appellate Courts Must Decide For Themselves Whether Conversations Admitted into a Criminal Trial Were Private or Not

In State v. Kipp, a unanimous court reversed a defendant’s conviction because the trial court admitted a recording of a conversation that was protected by Washington’s privacy act.  A six Justice majority further ruled that Washington’s privacy act requires appellate courts to review de novo trial court decisions that a conversation was not private.  In a … Continue Reading

Does the Right to Counsel for Personal Restraint Petitions Mean Anything?

In In Re Personal Restraint of Stockwell, the Supreme Court unanimously (7 judges, with 2 concurring) determined that an involuntary guilty plea may only be overturned on collateral attack if the petitioner shows actual and substantial prejudice from the circumstances surrounding the plea.  This decision is the latest in the Court’s self-described “course correction” towards … Continue Reading

WASHINGTON SUPREME COURT REQUIRES INDIVIDUALS TO BE FOUND DANGEROUS BEFORE THEY CAN BE INVOLUNTARILY COMMITTED, EVEN IF THEY HAVE BEEN FOUND NOT GUILTY BY REASON OF INSANITY

State of Washington v. Bao Dinh Dang [Wash. Sup. Ct. No. 87726-2] The Washington Supreme Court issued a unanimous opinion that held that persons acquitted of a crime by reason of insanity and granted conditional release under medical supervision may only have their conditional release terminated if the court determines they are dangerous.  Without a … Continue Reading

Summary of Cases Granted Review at Washington Supreme Court’s October Conference

At its October 1, 2013 conference, the Washington Supreme granted review to four cases. We provide a summary of the issues presented in each case below. State v. Owens Supreme Court No. 88905-8 Court of Appeals No. 67867–1–I PFR & Answer Issue: Whether the Court of Appeals properly reversed a conviction for First Degree Trafficking … Continue Reading

Anxious Trial Witness Permitted to Testify in Presence of Comfort Dog

At issue in State v. Dye (PDF) was whether a criminal defendant is denied a fair trial by allowing a developmentally disabled victim to testify with the assistance of a comfort dog.  Such trial management decisions are reviewed for abuse of discretion.  Based on the evidence presented to the trial court at a hearing on the … Continue Reading

Personal Jurisdiction in Long-Distance Marriage Dissolution: Past Full-Time Residency Not Required Says Washington Court of Appeals

The Washington Court of Appeals recently shed light on the reach of Washington’s Long-Arm Statute in divorce proceedings involving a long-distance marriage. In Oytan v. David-Oytan (PDF), the court addressed whether the responding party in dissolution, who has never lived full-time in Washington, can nonetheless be said to have “liv[ed] in a marital relationship within this state” … Continue Reading

OSU Student Alliance v. Ray, No. 10-35555 (9th Cir. Oct. 23, 2012)

Via my colleague Jennie Bricker. A registered student organization of Oregon State University published a conservative monthly newspaper, the Liberty, as an alternative to the well-established, traditional paper, the Daily Barometer. Asserting enforcement of an unwritten policy governing placement of newsbins on campus, OSU officials removed the Liberty’s distribution bins from seven campus locations—but left … Continue Reading
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