The following cases have been categorized as Landmark Cases, either because they were identified as significant in The Washington State Constitution by Justice Robert Utter and Hugh Spitzer, or because they have been cited more than 50 times, or both. This list is a work-in-progress; more cases will be added over time.
See also: presentations sponsored by the Washington Courts Historical Society.
Washington Public Ports Association v. Department of Revenue
Facts: Petitioner Washington Public Ports Association filed a petition in the Superior Court for Thurston County seeking a declaratory judgment invalidating the leasehold excise tax provisions of Washington Administrative Code §458-29A-500. The Public Ports Association asserted that the contested regulations were not authorized by §82.29A.050 and violated Article 7 §1 and Article 8 §5 and §7 of the Washington State Constitution insofar as they allowed the Department of Revenue to hold port districts liable for the payment of leasehold excise taxes when the districts failed to notify the Department of Revenue that their lessees had not paid the tax. Read more...
Washington v. McKinney
Decided: Thursday, December 5th, 2002
Docket No. 71487-8 (from Court of Appeals Division I Case No. 46579-1)
Docket No. 71487-8 (from Court of Appeals Division I Case No. 46579-1)
Facts: Petitioner Lonnie McKinney was arrested after police spotted his car parked in a parking lot and, after accessing his driver's license records from the Department of Licensing's database, determined that his driver's license was suspended. This determination led to McKinney being cited by police for driving with a suspended license and having his car searched, which revealed that Miriam McKinney was present in the car in violation of a no contact order, resulting in Lonnie McKinney's arrest. Read more...
Washington v. Crawford
Decided: Thursday, September 26th, 2002
Docket No. 71683-8 (from Court of Appeals Division II Case No. 25307-1)
Docket No. 71683-8 (from Court of Appeals Division II Case No. 25307-1)
Facts: Respondent Michael Crawford was charged with the assault and attempted murder of a man who had made sexual advances toward his wife Sylvia. During his trial he invoked marital privilege to prevent his wife from testifying against him. Read more...
Besel v. Viking Insurance Company of Wisconsin
Decided: Thursday, July 18th, 2002
Docket No. 71071-6 (from Court of Appeals Division III Case No. 16669-4)
Docket No. 71071-6 (from Court of Appeals Division III Case No. 16669-4)
Facts: Petitioner Robert Besel was injured in an automobile accident caused by Mark Ralston. Ralston's automobile insurer, respondent Viking Insurance Company of Wisconsin, subsequently refused to pay Besel's medical bills as they exceeded the coverage limits of Ralston's policy, leading Besel to reach a separate settlement with Ralston in which Ralston agreed to assign all of his claims against Viking Insurance Company to Besel in exchange for Besel agreeing not to execute the $175,000 judgment he had obtained against Ralston. Read more...
Hubbard v. Spokane County
Decided: Thursday, July 18th, 2002
Docket No. 70975-1 (from Court of Appeals Division III Case No. 18819-1)
Docket No. 70975-1 (from Court of Appeals Division III Case No. 18819-1)
Facts: Petitioner Wallis Hubbard was dismissed from his position as director of the Spokane County Planning Department after disputing the county's plans to build a new hotel at the airport, having argued that the project violated zoning and building codes. Hubbard subsequently filed suit against the county in the Superior Court for Spokane County, alleging that his dismissal constituted a wrongful termination in violation of public policy. Read more...
Washington v. Marshall
Facts: Petitioner Henry Marshall pled guilty, against the advice of counsel, to murder in the Superior Court for Pierce County and was sentenced to death. Marshall subsequently moved to withdraw his plea on grounds that he was incompetent to enter a plea or stand trial. Read more...
Doe v. Gonzaga University
Decided: Thursday, May 31st, 2001
Docket No. 69456-7 (from Court of Appeals Division I Case No. 43437-3)
Docket No. 69456-7 (from Court of Appeals Division I Case No. 43437-3)
Facts: An employee of Gonzaga University contacted the state agency responsible for teacher certification in the state of Washington and disclosed allegations of sexual misconduct against a student (petitioner John Doe) seeking certification as a teacher. As a result, the student was denied the affidavit of good moral character then required for state teacher certification, leading him to file suit against the university for, inter alia, violating the federal Family Educational Rights and Privacy Act (FERPA) of 1974. Read more...
Washington v. Davis
Facts: Petitioner Cecil Davis was convicted of murder and sentenced to death in the Superior Court for Pierce County. Pursuant to §10.95.100, the conviction and sentence were automatically appealed to the Supreme Court of Washington for review upon the filing of the notice of judgment and sentence imposing death. Read more...
Washington v. Baity
Facts: Respondent Michael Baity was charged with driving under the influence after police utilized a 12-step drug recognition expert protocol to determine that Baity had been driving while under the influence of marijuana. At trial in the Superior Court for Pierce County, Baity successfully sought to suppress testimony from the drug recognition expert after the trial court concluded that the protocol employed lacked scientific validity and dismissed the charges. Read more...
Enterprise Leasing, Inc. v. Tacoma
Facts: Petitioner Enterprise Leasing filed suit in the Superior Court for Pierce County seeking a declaratory judgment that the city of Tacoma's attempt to assess its income at the higher local business and occupation tax rate applied to services rather than the local business and occupation tax rate applied to retail sales was invalid insofar as it was inconsistent with the definitions of retail sales and services established by state law. The Superior Court for Pierce County granted summary judgment to Enterprise Leasing and ordered the company's income to be assessed at the lower retail sales rate. Read more...