In State v. Mecham, the Washington Supreme Court issued a fractured opinion in a DUI prosecution in which the state entered into evidence the defendant’s refusal to perform field sobriety tests (FST). Although the court stated in its June 16 ruling it was affirming the defendant’s conviction, the actual result appears to reverse the conviction […]
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The 9th Circuit Court of Appeals ruled June 9, 2016, in Peruta v. County of San Diego that the Second Amendment does not include the right to concealed carry. The court heard the case en banc and decided 7–4.
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As the end of the year approaches, everyone knows what that means: tax time is just around the corner. Because most taxpayers operate on a calendar basis, it is important to consider your upcoming tax situation before the year ends, while it’s not too late for “damage control.”
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As Washington’s first wave of pot shops opened in early July, it is high time for a quick recap of our state’s laws prohibiting stoned driving. It has been over a year since Bill Kirk’s excellent post on the myths and facts of Washington marijuana law, and DUI laws have since changed. It is a […]
Read More…Are your citations up to snuff? Do you know how the Bluebook and WA style sheet differ? Following up on Michael Heatherly’s excellent five-step approach to better writing published last week, I wanted to focus on another common problem: citation errors. Washington courts generally follow the 19th edition of The Bluebook: A Uniform System of […]
Read More…Learn more about the Salinas v. Texas ruling and how it could affect cases in Washington. On June 17, 2013, the Supreme Court of the United States continued its stream of criminal procedure holdings, this time “holding” that the prosecutor’s use of a defendant’s pre-Miranda silence as evidence of guilt does not violate the defendant’s Fifth […]
Read More…Explore the Maryland v. King decision, dissent, and impact on Washington law. Last week, the Supreme Court of the United States weighed in for the first time on DNA cheek swabs collected incident to arrest before conviction. Maryland v. King, 133 S. Ct. 1958 (2013), held 5–4 that such a practice was akin to standard […]
Read More…Read up on the proposed DUI law changes and tell us what you think! In response to a recent string of fatal crashes caused by DUI drivers, the state Legislature has set its sights on strengthening DUI penalties in Washington. While tragedies like this are senseless and gut wrenching, it is important to remember that […]
Read More…A look at Missouri v. McNeely and its impact for practitioners in Washington state. Last week, the United States Supreme Court filed its opinion in Missouri v. McNeely, No. 11-1425, 2013 WL 1628934 (U.S. Apr. 17, 2013). This decision was widely publicized with headlines proclaiming that the Court now requires warrants for blood draws. Despite these headlines, that is […]
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