Tag: Evidence

State v. Franklin – State Supreme Court Divided Over Discretion

In State v. Andre Luis Franklin, five State Supreme Court justices reversed a defendant’s convictions after concluding the trial court erred in excluding evidence to further the defendant’s “other suspect” defense.  The defendant, Franklin, was in pseudo-relationships with two different women, Hibbler and Fuerte, and the women had a history of jealousy with one another.  … Continue Reading

State v. Garcia, Jr. – Not Enough Evidence for First Degree Kidnapping Conviction

In State v. Garcia, Jr., No. 88020-4, the State Supreme Court unanimously reversed the defendant’s first degree kidnapping and second-degree kidnapping convictions and remanded for a new trial of those convictions, but affirmed the defendant’s criminal trespass conviction. The defendant, Phillip Garcia, Jr., believed he was involved in a car chase after hearing gun shots … Continue Reading

These Walls Shouldn’t Have Ears: State Supreme Court “Appalled” by the Need to Remind State that It May Not Eavesdrop on Private Conversations Between a Defendant and His/Her Counsel

In State v. Pena Fuentes, the State Supreme Court again condemned “the odious practice of eavesdropping on privileged communication between attorney and client” in criminal matters, as it had previously done in State v. Cory, 62 Wn.2d 371, 382 P.2d 1019 (1963).  Though the Cory court held that such misconduct is presumably prejudicial, in Pena … Continue Reading

Washington Supreme Court Affirms Firefighter’s $12.75 Million Verdict Against City of Seattle

Last week, the State Supreme Court affirmed a $12.75 million verdict (including $2,422,006 for future care and $10 million in noneconomic damages) against the City of Seattle in favor of former Seattle firefighter, Mark Jones, who was injured when he fell 15 feet down the “pole hole” in a fire station at 3 a.m. on … 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

Supreme Court Recognizes Broad Discretion of Administrative Law Judges to Admit Evidence, Even if Inconsistent with Past Agency Position

In King County Public Hospital District No. 2 v. Wash. State Dep’t of Health, the Washington State Supreme Court recognized that administrative law judges have broad discretion to admit evidence in challenges to agency actions. Further, administrative law judges’ decisions on underlying agency actions are reviewed under the arbitrary and capricious standard, and the record supported the … Continue Reading
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