“I knew I could ace law school if I just read the law like I read Torah.” My name is Erin Sperger. I am an attorney and I am Torah observant. (If you’re not familiar with what this means, the video below is a good introduction.) This is what I call myself, since people demand labels. […]
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…In State v. Smith, the WA Supreme Court offers a ruling, but no clear rule, on warrantless searches. The Lakewood police department had a practice of randomly searching guest registries at hotels to find out if there was a warrant out on any guest. The Washington State Supreme Court, in State v. Jorden, 160 Wn.2d 121 […]
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 […]
Read More…A look at 3 recent cases of excessive force verdicts and the Graham balancing test. A jury in the Santa Ana Federal Court returned a verdict on April 4, 2013, after 10 days of evidence against two Long Beach officers who shot and killed 37-year-old Douglas Zerby in December 2010. The civil rights and wrongful death suit […]
Read More…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…Learn how marijuana legalization affects DUI laws and investigations. One of the many myths surrounding the passing of Initiative 502 was that for the first time, it became illegal to drive under the influence of marijuana. Truth is, it has always been illegal to drive under the influence of any intoxicating substance, whether that is […]
Read More…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…“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…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…With the recent churn on the Court — the last five years have seen a new chief; the arrival of Justices Stephens, Wiggins, and Gonzalez; and Justice Chambers’ impending retirement — there is always plenty to cover. Case Facts In re Personal Restraint Petition of Glasmann, No. 84475-7, is a doozy. Edward Glasmann held quite […]
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