Recently, Division II Court of Appeals re-addressed the corpus delicti rule in State v. Hen- drickson, 2007 WL 2774332 (Wn.App. Div. II). There, Mr. Hendrickson was charged with driv- ing while under the influence after his vehicle was found at the bottom of a ravine.
By Brett Purtzer, December 2007
State v. Shaffer, 113 Wn.App. 812, 55 P.3d 668 (2002), held RCW 46.61.505(11)(a)(v) un- constitutional as it violated due process.
By Brett Purtzer, January 2003
Division II of the Court of Appeals demonstrates its objectivity in State v. Brown, Docket No. 33633-2 filed on March 20, 2007. Brown was convicted by a jury of “intimidating a judge.” RCW 9A.72.160.
By Lance M. Hester, May 2007
At a suppression hearing, the arresting officer, “admitted that he had intended to release Mr. Radka with a citation until he found the drug paraphernalia.” This resulted in the trial court suppressing the evidence and dismissing the case. And Division III held that a reasonable per- son would not consider the arrest “custodial” and thus affirmed the trial court.
By Lance M. Hester, March 2004
Our Supreme Court, in State v. Kurt L. Jones, Docket No. 70869-0, unanimously held that the search of a passenger’s purse is not justified incident to a driver’s arrest absent evi- dence that the passenger’s purse was in the immediate control of the driver.
By Monte Hester, June 2002
Justice Charles Johnson was the majority author in State v. Grande, Docket Number 81068-1, published on July 17, 2008.
By Monte Hester, July 2008