SCOTUS Approves Use of Pre-Miranda Silence as Evidence of Guilt

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…

Changes in DUI Laws on the Horizon?

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…

SCOTUS Clarifies DUI Blood Draw Warrant Requirement

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 […]

Read More…

50 years after Gideon: should the right to counsel be expanded?

Pre-trial proceedings, like bail hearings, are critical in criminal cases. Should the right to counsel be expanded to cover them? Last month marked the 50-year anniversary of the seminal U.S. Supreme Court Case Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792 (1963), where the Court held that the Sixth Amendment to the U.S. Constitution provided […]

Read More…

A Year in Korea

Attorney Steven Kim recounts his year in Korea lecturing and writing about his jury trial experiences. When the Ministry of Justice — Republic of Korea invited me to spend a year in Korea lecturing and writing about my jury trial experiences, I was very reluctant. Although fluent in Korean, I wasn’t sure if Koreans would […]

Read More…

Temple of Justice Update: A Host of Open Courtroom Cases

“Sunlight is the best disinfectant,” Justice Brandeis wrote. The Supreme Court delves into the right to a public trial. The Washington State Supreme Court recently handed down four cases reiterating that criminal trials must be open to the public and that closing them at any time during trial-related proceedings requires specific procedures. Counsel and trial […]

Read More…

Temple of Justice Update: When a 911 Call Goes Awry

When the government negligently fulfills its duty to protect everyone, it usually is not liable to anyone in particular. The Washington Supreme Court, in Munich v. Skagit Emergency Communication Center, (No. 85984-1), dealt with a thorny exception to that rule. Case Facts The facts of the case are tragic. While fighting over their property lines, William […]

Read More…