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Stare Decisis And Conflicts Between The Divisions Of Washington State Court Of Appeals: Resolving A Problem At The Trial Court Level, Mark Deforrest
Stare Decisis And Conflicts Between The Divisions Of Washington State Court Of Appeals: Resolving A Problem At The Trial Court Level, Mark Deforrest
Mark DeForrest
The Washington Court of Appeals is a single court that sits in three geographically distinct divisions. A case from a division is binding on trial courts throughout the state, but not on the other divisions within the court of appeals. Conflicts between the divisions occur, placing trial courts in a Catch-22 situation when faced with conflicting authorities from the court of appeals. This article identifies and explains the problem, and provides background information on the history and function of Washington's junior appellate court. The article also identifies and critiques four possible solutions of the problem facing trial courts. Ultimately, the …