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Full-Text Articles in Law
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
Seattle University Law Review
The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Seattle University Law Review
This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seattle University Law Review
Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.