Saturday, March 22, 2008

Washington State Case Law Update

State V. Burke : The Washington State Supreme Court held that Mr. Burke's refusal to speak to police on the night of his arrest for rape of a child, including his failure to provide police with evidence that he reasonably believed his partner was of legal age to consent, could not be commented on by the State during its case in chief as possible evidence of Mr. Burke's guilt. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/785287.opn.pdf

State V. Chavez : The Washington State Supreme Court held that a juvenile charged with a serious violent crime does not have the right to a jury trial. The court further held that the provision in the assault statute allowing the judiciary to define assault is not a violation of the separation of powers doctrine. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/792658.opn.pdf

State V. Abrams : The Washington State Supreme Court held that, in light of decisions by the United States Supreme Court requiring the materiality of a false statement in a perjury prosecution to be deteremined by the jury, the language of Washington's perjury statute, RCW 9A.72.010(1) is constitutionally infirm, as it requires the trial judge to determine the materiality of a false statement as a matter of law, thus depriving the defendant of a jury determination of an element of the crime charged. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/794812.opn.pdf

State V. McKague : The Division Two Court of Appeals held that marijuana seized during a search of defendant's home while looking for his brother, the subject of an outstanding DOC felony probation violation warrant, when the address on the search warrant did not match the address searched and officers searched areas known to be occupied only by the defendant who was not named on the warrant without defendant's permission. The Court noted that a subesequently obtained warrant did not cure the initial illegal entry into the residence. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/35336-9.08.doc.pdf

State V. Berrier : The Division Two Court of Appeals held that aggrivating factors justifying an exceptional sentence need not be included in the State's information when a case is filed, but may be set forth in a separate notice of intent to seek an exceptional sentence. The court did reverse the exceptional sentence in this case, however, holding that there was insufficient evidence to support the trial court's finding of three aggravating factors. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/35470-5.08.doc.pdf


Spokane v. Wilcox : The Division Three Court of Appeals held that the administrative suspension of a driver's license for a DUI conviction is not a punishment subject to Blakely protections, and the defendant is therefore not entitled to a jury determination of a refusal to submit to a breath test. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/240304.opn.doc.pdf

No comments: