Docket No. 76800-5 (from Court of Appeals Division II Case No. 30547-0) Facts: Petitioner Timothy Jorden was convicted of possession of cocaine in the Superior Court for Pierce County after police officers conducted a random check of the registry of the hotel at which he was staying, discovered that there was an outstanding warrant for his arrest, and entered his room, where they found cocaine. Jorden appealed his conviction, asserting that the random check of the hotel registry violated his right to privacy under Article I §7 of the Washington State Constitution. The Washington Court of Appeals affirmed Jorden’s conviction. Continue reading
Monthly Archives: January 2006
1000 Friends of Wash. v. McFarland
Docket No. 76581-2 (from King Case No. 042371121 KNT) Synopsis: In Brisbane, this court held that critical area ordinances could not be repealed by local referenda. Continue reading
Washington v. Athan
Docket No. 75312-1 (from King Case No. 031063386 SEA) Facts: Petitioner John Athan was convicted of second degree murder in the Superior Court for King County after a trial in which D.N.A. evidence linking Athan to the victim was admitted. The state of Washington had been able to obtain a sample of Athan’s D.N.A., match it to D.N.A. recovered from the victim, and charge Athan with the murder after detectives from the Seattle Police Department posing as a fictitious law firm sent Athan a letter inviting him to join a fictitious class action lawsuit. When Athan returned the enclosed authorization, the Seattle Police Department was able to recover D.N.A. from his saliva. Athan appealed his conviction directly to the Supreme Court of Washington, asserting that the manner in which his D.N.A. was obtained violated his right to privacy under Article I §7 of the Washington State Constitution and the 4th Amendment to the United States Constitution’s prohibition against unreasonable searches and seizures. Athan also asserted that the case should have been dismissed pursuant to Washington Court Rule 8.3(b) on grounds of governmental misconduct. Continue reading
State v. Hosier
Docket No. 76785-8 (from Court of Appeals Division I Case No. 51972-7) Synopsis: Hosier was convicted of 2 counts of communicating with a minor for immoral purposes. Continue reading
State v. Walker
Docket No. 76743-2 (from Court of Appeals Division III Case No. 22928-9) Synopsis: Does RCW 10.31.100, a statute allowing for warrantless misdemeanor arrests, violate article 1, section 7 of the Washington Constitution? Continue reading
Silverstreak, Inc. v. Department of Labor and Industries
Docket No. 76695-9 (from Court of Appeals Division I Case No. 52810-6) Facts: Respondent fill material suppliers Silverstreak et al. sought judicial review of petitioner Washington Department of Labor and Industries (Department) decision that their end-up truck drivers were entitled to prevailing wages under Wash. Rev. Code §39.12.020. Continue reading
Pierce County v. State
Docket No. 76534-1 (from King Case No. 022351255 SEA) Synopsis: Does Initiative No. 776 impair Sound Transit’s obligation to its bondholders by repealing its authority to levy a motor vehicle excise tax? Continue reading