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Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events ...
Article • March 1, 2026 • from CLN April, 2026
Filed under: Double jeopardy, Multiple/Multiplicious Counts
Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct by David Reutter by David M. Reutter In an en banc decision, the Supreme Court of Washington held that …
Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors Courts May Consider When Applying the Totality of the Circumstances Test for Determining Whether Suspect Is “In Custody” f...
Article • February 1, 2026 • from CLN March, 2026
Filed under: Community Caretaking Exception/Doctrine, Traffic Stops, Self-Incrimination Clause, Custodial Interrogations, In Custody
Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors Courts May Consider When Applying the Totality of the Circumstances Test for Determining Whether Suspect Is “In Custody” for Miranda Purposes by David Kim by David Kim Sitting en banc, the Supreme Court of Washington unanimously held that courts are …
Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime
Article • February 1, 2026 • from CLN March, 2026
Filed under: Police Interrogations, Juvenile Offenses/Offenders, Bad Acts Evidence, Custodial Interrogations, Denial of Due Process
Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime by Sagi Schwartzberg by Sagi Schwartzberg Sitting en banc, the Supreme Court of Washington vacated a second-degree murder conviction and held that the trial court …
When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases
Article • December 15, 2025 • from CLN January, 2026
Filed under: Authentication/Identification, Evidence - Integrity/Reliability of, Writings, Recordings & Photographs, Daubert Standards, Scientific Testimony or Evidence
When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases by Richard Resch by Richard Resch When prosecutors offer “enhanced” surveillance footage or body-camera video, defense counsel must understand what enhancement actually means. Traditional forensic methods such as adjusting brightness, applying contrast filters, or using established interpolation algorithms …
HRDC v. Walla Walla County, WA, Complaint, Censorship, 2025
Filing • November 25, 2025
Filed under: Censorship
HRDC v. Walla Walla County, WA, Complaint, Censorship, 2025 Case 4:25-cv-05162 1 2 3 4 ECF No. 1 filed 11/25/25 PageID.1 Page 1 of 18 Katherine Chamberlain, WSBA #40014 Jesse Wing, WSBA #27751 MacDonald Hoague & Bayless 705 Second Avenue, Suite 1500 Seattle, Washington 98104-1745 206-622-1604 5 6 7 UNITED …
HRDC v. Walla Walla County, WA, Complaint, Censorship, 2025
Brief • November 25, 2025
Filed under: Censorship
HRDC v. Walla Walla County, WA, Complaint, Censorship, 2025 Case 4:25-cv-05162 1 2 3 4 ECF No. 1 filed 11/25/25 PageID.1 Page 1 of 18 Katherine Chamberlain, WSBA #40014 Jesse Wing, WSBA #27751 MacDonald Hoague & Bayless 705 Second Avenue, Suite 1500 Seattle, Washington 98104-1745 206-622-1604 5 6 7 UNITED …
NEWS IN BRIEF
Article • November 15, 2025 • from CLN December, 2025
NEWS IN BRIEF by Alabama: The U.S. District Court for the Northern District of Alabama sentenced former Centre Police Department (CPD) Off. Michael Kilgore, 41, to four years in federal prison on October 8, 2025, after he pleaded guilty to conspiracy to distribute methamphetamine in a wild evidence-­planting scheme to …
Estate of Shelly Monahan v. Clark County, WA, Ex 3 Plf's Response Court Suppl Order Motion Seal, Wrong Death-Denial of Medical Care, 2025
Brief • September 29, 2025
Filed under: Wrongful Death, Medical Neglect/Malpractice
Estate of Shelly Monahan v. Clark County, WA, Ex 3 Plf's Response Court Suppl Order Motion Seal, Wrong Death-Denial of Medical Care, 2025 Case 3:24-cv-05392-TMC Document 82 Filed 09/22/25 Page 1 of 11 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 …
Estate of Shelly Monahan v. Clark County, WA, Supplemental Order on Motion to Seal, Wrongul Death-Denial Medical Care, 2025
Brief • September 22, 2025
Filed under: Wrongful Death, Medical Neglect/Malpractice
Estate of Shelly Monahan v. Clark County, WA, Supplemental Order on Motion to Seal, Wrongul Death-Denial Medical Care, 2025 Case 3:24-cv-05392-TMC Document 82 Filed 09/22/25 Page 1 of 11 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 DALYNNE SINGLETON et …
Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant
Article • August 1, 2025 • from CLN August, 2025
Filed under: Computer Searches, Search warrants, Warrants, Immediate Control
Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant by Anthony Accurso The United States Court of Appeals for the Ninth Circuit overturned the U.S. District Court for the Western District of Washington’s denial of a defendant’s motion …
Tucker v. King County, WA, Settlement, Unlawful Detention, 2025
Brief • July 31, 2025
Filed under: Unlawful Detention
Tucker v. King County, WA, Settlement, Unlawful Detention, 2025 Case 2:24-cv-00002-RAJ Document 39-1 Filed 07/31/25 Ex. 1 Page 1 of 14 II Case 2:24-cv-00002-RAJ Document 39-1 Filed 07/31/25 Page 2 of 14 ,96 @?@C23=6*:492C5 "@?6D -?:E65+E2E6D:DEC:4E@FCE -&!,+,,+!+,*!,'-*, /+,*&!+,*!,'/+ !&,'& ,+,,$ &@ 4G *" %$!#,-#*2?5 *!&$/!$$!%+ (=2:?E:77D GD #!&'-&,0 /+ !&,'& …
Tucker v. King County, WA, Notice of Motion and Motion for Preliminary Approval of Class Action Settlement, Unlawful Detention, 2025
Brief • July 31, 2025
Filed under: Unlawful Detention
Tucker v. King County, WA, Notice of Motion and Motion for Preliminary Approval of Class Action Settlement, Unlawful Detention, 2025 Case 2:24-cv-00002-RAJ Document 39 1 Filed 07/31/25 Page 1 of 25 The Honorable Richard A. Jones United States District Court 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN …
Estate of Jacob Mitchell v. Pend Orielle County, WA, Complaint, Failure to Provide Medical Care, 2025
Brief • April 4, 2025
Filed under: Failure to Treat
Estate of Jacob Mitchell v. Pend Orielle County, WA, Complaint, Failure to Provide Medical Care, 2025 Case 2:25-cv-00108 1 2 3 4 5 6 ECF No. 1 filed 04/04/25 PageID.1 Page 1 of 19 Tim Ford, WSBA #5986 Braden Pence, WSBA #43495 Lauren I. Freidenberg-McBride WSBA #29186 MacDonald Hoague & …
NEWS IN BRIEF
Article • March 15, 2025 • from CLN April, 2025
Filed under: News in Brief
NEWS IN BRIEF by Alabama: On February 19, 2025, a grand jury called for the immediate abolition of the Hanceville Police Department for its “rampant culture of corruption” that turned it into a criminal enterprise. The New York Post reported that an investigation followed the death of dispatcher Christopher Willingham, …
Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Mon...
Article • February 1, 2025 • from CLN February, 2025
Filed under: Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of
Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit upheld the U.S. …
Estate of Shelly Monahan v. Clark County, WA, Order Granting in Part and Denying in Part Motion to Dismiss, Wrongul Death-Denial Medical Care, 2025
Brief • January 31, 2025
Filed under: Wrongful Death, Medical Neglect/Malpractice
Estate of Shelly Monahan v. Clark County, WA, Order Granting in Part and Denying in Part Motion to Dismiss, Wrongul Death-Denial Medical Care, 2025 Case 3:24-cv-05392-TMC Document 49 Filed 01/31/25 Page 1 of 40 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 …
Human Rights Defense Center v. Pacific County, et al., WA, Complaint, Censorship, 2024
Filing • December 30, 2024
Filed under: Jail Specific, Publications/Books, Due Process, PLN Litigation, Censorship, HRDC Litigation
Human Rights Defense Center v. Pacific County, et al., WA, Complaint, Censorship, 2024 Case 3:24-cv-06068 Document 1 Filed 12/30/24 Page 1 of 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 HUMAN RIGHTS DEFENSE CENTER, No. 9 Plaintiff, COMPLAINT 10 …
Human Rights Defense Center v. Pacific County, et al., WA, Complaint, Censorship, 2024
Brief • December 30, 2024
Filed under: Jail Specific, Publications/Books, Due Process, PLN Litigation, Censorship, HRDC Litigation
Human Rights Defense Center v. Pacific County, et al., WA, Complaint, Censorship, 2024 Case 3:24-cv-06068 Document 1 Filed 12/30/24 Page 1 of 14 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 HUMAN RIGHTS DEFENSE CENTER, No. 9 Plaintiff, COMPLAINT 10 …
Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized
Article • December 15, 2024 • from CLN January, 2025
Filed under: Conflict of Laws/Decisions, Seizure, Attenuation Doctrine
Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized by Sam Rutherford by Sam Rutherford The Supreme Court of Washington clarified the scope of the attenuation doctrine under Article I, § 7 of the Washington Constitution, holding that the …
Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence
Article • December 1, 2024 • from CLN December, 2024
Filed under: Sentencing Goals/Purposes/Practices
Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence by Sam Rutherford by Sam Rutherford The Supreme Court of Washington held that a defendant’s judgment and sentence was facially invalid and thus exempt from the one-year time limit for seeking …
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