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Washington Law Review

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Articles 121 - 150 of 160

Full-Text Articles in Criminal Procedure

Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon Jun 1966

Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon

Washington Law Review

Defendant was arrested for driving under the influence of alcohol, a misdemeanor. After being taken to jail, his requests to call an attorney were denied in accordance with a police department regulation. Defendant's counsel submitted that, if contacted, he would have ordered a chemical, blood-alcohol test administered by a physician. Convicted in police court and superior court, defendant appealed to the Washington Supreme Court, which reversed and dismissed the charges. Held: The time immediately following arrest for driving under the influence of alcohol is a "critical stage" in criminal proceedings, during which defendant is entitled to counsel under the sixth …


Federal Habeas Corpus Jurisdiction—The Undeveloped Areas, David F. Berger Apr 1966

Federal Habeas Corpus Jurisdiction—The Undeveloped Areas, David F. Berger

Washington Law Review

This comment is concerned with habeas corpus jurisdiction in terms of its availability and issuance in behalf of persons physically restrained by the exercise of federal authority other than article III federal courts. Restraint by article III courts is excluded from discussion because the federal Habeas Corpus Act of 19486 fully covers those cases by specific provisions for relief of persons convicted and confined as a result of criminal proceedings in state or federal district courts. Thus, uncertainties as to habeas corpus availability and issuance only exist in regard to "non-article III"' restraint.


Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon Apr 1966

Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon

Washington Law Review

Defendants were convicted of attempted burglary in the third degree and possession of burglar's instruments. Their counsel moved for a new trial, on his own affidavit, deposing that certain jurors had told him of an unauthorized visit during the trial to the scene of defendants' alleged crime, apparently in order to better understand the evidence. Denial of defendants' motion for a new trial was affirmed by the Appellate Division of the Supreme Court, and—on appeal to the New York Court of Appeals—again affirmed. Held: Affidavit of defense counsel that certain jurors had reported an unauthorized visit during a trial to …


Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon Jan 1966

Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon

Washington Law Review

After being involved in a fatal automobile collision, defendant was charged by information, in a court of limited jurisdiction, with the misdemeanor of reckless driving. Trial by a three judge panel resulted in acquittal. Subsequently, an indictment was returned by county grand jury charging defendant with vehicular homicide, a felony requiring proof of driving in a "reckless or culpably negligent manner, whereby a human being is killed." Defendant contended that the prosecution for vehicular homicide would subject him to double jeopardy. The Appellate Division of the New York Supreme Court granted an order prohibiting the trial, agreeing that it would …


Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon Jun 1965

Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon

Washington Law Review

Defendant was riding as a guest in a car when Seattle police stopped the car and arrested the driver for twice turning without signaling and for failure to produce a valid driver's license. Defendant and the other passengers in the automobile were also arrested and taken to jail. The car was impounded. A search of the car the next day, accomplished without a search warrant, disclosed two revolvers hidden under the dash. At defendant's subsequent trial on robbery charges, the revolvers were admitted in evidence despite defendant's motion to suppress and objection. The trial court ruled that, although defendant's arrest …


Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon Jun 1965

Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon

Washington Law Review

In July, 1960, petitioner Don Anthony White was convicted of murder in the first degree and sentenced to death. The Washington Supreme Court affirmed the conviction, and certiorari was denied by the United States Supreme Court. In February 1964, the Washington court denied petitioner's application for writ of habeas corpus. Petitioner then applied for writ of habeas corpus in the federal district court. This petition raised a new issue based on facts asserted to have come to the attention of petitioner's counsel subsequent to the denial of the application by the Washington court." Respondent penitentiary superintendant maintained that petitioner had …


The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens Apr 1965

The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens

Washington Law Review

Eight months before the decision of the United States Supreme Court in Gideon v. Wainwright the American Bar Association, in accordance with its long existing concern with the problem of indigent defendants, authorized the appointment of a special committee with associate subcommittees in each state "to study present practices and to initiate, coordinate and accelerate efforts to assure adequacy of the defense provided indigent persons accused of crime in the United States..." The work of state subcommittees was coordinated and directed by the American Bar Foundation. This article is based upon the report prepared by the Washington subcommittee, and follows …


The Juvenile Offender And Self-Incrimination, Rodger W. Pegues Apr 1965

The Juvenile Offender And Self-Incrimination, Rodger W. Pegues

Washington Law Review

A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …


Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr. Oct 1964

Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.

Washington Law Review

Shortly after its 1959 decision in State v. Thompson, the Washington Supreme Court was credited with having made substantial change in the availability of pretrial discovery in Washington criminal procedure. This comment seeks to determine the effect of State v. Thompson by surveying the law of pretrial discovery on two levels of the Washington judicial system. First, the comment analyzes the recent supreme court cases that followed State v. Thompson, emphasizing the policy reasons behind current Washington procedure. Then the comment discusses a survey of the state's trial judges, which was made in conjunction with this paper for the purpose …


Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi Oct 1964

Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi

Washington Law Review

Recent cases show an increasing judicial concern with the right to counsel for an indigent accused. This concern flows from the constitutional requirement of a fair trial for every accused, and has culminated with Gideon v. Wainright, establishing the right to counsel in the state courts in all cases. Concommitantly, a related concept of effective representation has acquired momentum. It dates from the language of Powell v. Alabama. This latter concept encompasses answers to the question of what amounts to competent and/or effective counsel. The answers to the question have proved to be delicate and shifting in emphasis from concern …


Poverty And Criminal Justice, Arval A. Morris Dec 1963

Poverty And Criminal Justice, Arval A. Morris

Washington Law Review

A conflict of the ideal of equality with reality exists today. Although our society has been characterized as affluent, there exist many citizens for whom reasonable legal fees appear unreasonable or impossible.


Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger Dec 1963

Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger

Washington Law Review

This comment's concern is the situation in which a municipality and a state each define the same conduct as criminal, and each, in a separate action prosecutes the same defendant for the same act. The sole question explored in this comment is whether there is, or should be, a bar, on the ground of double jeopardy, to city or state prosecutions where the other has prosecuted. An attempt has been made exhaustively to canvass the question and also the position of the state and federal courts.


Criminal Law—Admissibility Of Confessions, Michael D. Garvey Jul 1963

Criminal Law—Admissibility Of Confessions, Michael D. Garvey

Washington Law Review

State v. Moore recently held that only two proper grounds exist for excluding a confession from evidence in a criminal trial: That it was obtained in violation of the due process clause of the fourteenth amendment to the federal constitution or that it has not met the test provided by Washington statute. The Washington Constitution provides that, "no person shall be compelled in any criminal case to give evidence against himself . . ."' But the court held that this provision does not apply to the admissibility of confessions. The defendant had been convicted of second degree burglary and grand …


Criminal Law—Double Jeopardy, David W. Sandell Jul 1963

Criminal Law—Double Jeopardy, David W. Sandell

Washington Law Review

In State v. Connors, the Washington State Supreme Court held that a defendant had been placed in jeopardy when, sua sponte, a trial court erroneously declared a mistrial over his objection. A later retrial of the defendant therefore constituted double jeopardy.


The Child As A Witness, Charles F. Stafford Sep 1962

The Child As A Witness, Charles F. Stafford

Washington Law Review

Most parents will agree that small children have an uncanny ability of being in strange places at unexpected moments. Children are often in the right place at the right time to see people, things and events that are never witnessed by adults. As we know from experience, they often overhear things that adults have felt were said in confidence or were said because they felt there were no witnesses. While this faculty is often a mere source of annoyance to the adult members of the family, it may have considerable impact upon the outcome of some legal action. Unfortunately, the …


Instructing A Jury In Washington, Lloyd L. Wiehl Nov 1961

Instructing A Jury In Washington, Lloyd L. Wiehl

Washington Law Review

One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.


Criminal Law, Lloyd W. Peterson Jul 1961

Criminal Law, Lloyd W. Peterson

Washington Law Review

Covers observations on State v. Beck on "the joint problems of delineating the function of the grand jury and the protections required to be afforded those who appear in a grand jury proceeding" and related cases.


Criminal Law, Robert G. Swenson Jul 1960

Criminal Law, Robert G. Swenson

Washington Law Review

Covers cases on discovery in criminal actions.


Confessions And Criminal Procedure—A Proposal, George Neff Stevens Nov 1959

Confessions And Criminal Procedure—A Proposal, George Neff Stevens

Washington Law Review

The time has come to review in the light of United States Supreme Court decisions the procedures presently employed by state courts in testing the voluntariness of confessions in criminal cases. If these procedures be wanting, new procedures should be and must be devised which will give promise of assuring compliance with the standards established by these United States Supreme Court decisions.


Former Jeopardy On Retrial, Lawrence M. Ross Nov 1958

Former Jeopardy On Retrial, Lawrence M. Ross

Washington Law Review

The Supreme Court of the United States, in Green v. United States, was for the first time squarely presented with a much-debated and much-litigated question involving former jeopardy. Defendant Green was indicted on two counts, the first alleging arson and the second, the death of a woman resulting from that arson. If the defendant were guilty of arson and the arson caused the death of the woman, it would clearly amount to murder in the first degree under the felony-murder doctrine, as provided in Washington, D.C., Code 22-2401. The trial court, mistakenly believing that second degree murder was a lesser-included …


Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson Sep 1958

Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson

Washington Law Review

The case of In re Andy, a 1956 decision of the Washington Supreme Court, demonstrated that there are approximately 15,000 persons in the state of Washington who are not amenable to criminal prosecution under state law in certain situations, and in many instances are not amenable to either state or federal prosecution. These 15,000 persons are the Indians who live in our state but who reside in "Indian country" and have retained their status as wards of the federal government. The problem of investigating and prosecuting crimes committed by these Indians has confronted and frustrated both state and federal law …


Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley Sep 1958

Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley

Washington Law Review

The purpose of this comment is to examine and analyze a group of recent decisions wherein persons convicted by state courts have sought writs of habeas corpus in federal district courts on the ground that the incompetence of counsel representing them at trial worked a deprivation of rights secured by the United States Constitution.


Criminal Law, Victor V. Hoff Jul 1958

Criminal Law, Victor V. Hoff

Washington Law Review

Covers cases on an indigent's right to a free transcript for use on appeal.


The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder Aug 1957

The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder

Washington Law Review

On January 2, 1957, the Supreme Court of Washington published the pleading and party rules, previously recommended by the Judicial Council for adoption as part of the procedural law of this state. The court did not make the rules effective but requested criticism and study by members of the bar. This preliminary publication permits examination for possible defects in the new procedure and acquaints the lawyers of the state with the rules in advance of their effective date. For aid in the study of the proposed rules, this article will review the general changes they would make in present Washington …


Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel Aug 1956

Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel

Washington Law Review

Giron et al. v. Cranor, 116 F.Supp. 92 (E.D.Wash. 1953), aff'd sub nom. Cranor v. Gonzales, 226 F.2d 83 (9th Cir. 1955), cert. denied, 350 U.S. 935 (1956) represents another significant step in the expanding supervision of state criminal proceedings by the federal courts. Petitioner was arrested without a warrant and held incommunicado for more than 24 hours by Seattle police. During this interval he was intensely interrogated and finally signed a statement which was offered as a confession at the murder trial of petitioner and his two alleged accomplices. Timely objection was made to the admission on the ground …


Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin May 1953

Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin

Washington Law Review

D was indicted for second-degree burglary. During the course of the trial one of the jurors became ill, and on motion of D's counsel, with approval of the prosecutor and the court, the ailing juror was excused and the trial proceeded with eleven jurors. The jury of eleven subsequently brought in a verdict of guilty against D. Appeal. Held: Affirmed. An accused may waive his privilege of trial before a jury of twelve and submit it to eleven jurors if he acts intelligently, voluntarily, and free from improper influences. State v. Lane, 40 Wn. 2d 734, 264 P. 2d 474 …


Evidence—Admissibility Of Related Offenses, Dale Riveland Feb 1953

Evidence—Admissibility Of Related Offenses, Dale Riveland

Washington Law Review

D was charged with sodomy and rape. A confession of a prior similar assault and attempted rape was admitted with the instruction that the confession should be used only for whatever bearing it might have upon common scheme or plan in connection with the rape charges. D was acquitted of rape and convicted of sodomy. Appeal. Held: Affirmed. Evidence of other crimes may not be admitted unless the evidence is relevant and necessary to prove an essential ingredient of the crime charged. This confession was not sufficiently related to show w common scheme or plan. However, D was not prejudiced …


Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap May 1952

Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap

Washington Law Review

D was acquitted of murder by reason of his insanity. The jury returned the statutory special verdict finding that his "insanity or mental irresponsibility" did not exist at the time of the trial but that there was such likelihood of a relapse or recurrence of the condition that D was not a safe person to be at large. D was committed to the state penitentiary as a criminally insane person. Soon after commitment he sought to be discharged from confinement under the procedure set out in RCW 10.76.070 [RRS § 6970; PPC § 133-11]. The prosecuting attorney petitioned for a …


Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor Feb 1952

Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor

Washington Law Review

D was convicted of second degree assault. The prosecuting attorney, ostensibly for the purpose of laying a foundation for impeachment, asked D questions concerning D's prior inconsistent statements, using a purported manuscript of a wire recording. D neither confirmed nor denied making the statements, answering, "I don't know" or "I don't deny it or confirm it." The prosecutor failed to follow this up on rebuttal by proving or attempting to prove that the prior statements were actually made. Appellant contended this was error. Held: Conviction reversed. Such conduct was extremely prejudicial and constituted reversible error. State v. Yoakum, 137 Wash. …


The Special Verdict—Theory And Practice, Samuel M. Driver Feb 1951

The Special Verdict—Theory And Practice, Samuel M. Driver

Washington Law Review

At the 1949 Conference of Federal Judges of the Ninth Circuit I discussed the special verdict, and my address was published in the Washington Law Review. My treatment of the subject necessarily was largely theoretical as I had made very little use of the special verdict practice up to that time. Drawing upon abundant published material,I assembled and summarized the common criticisms of the general verdict and the claimed advantages of the special verdict, and expressed the conclusion that the latter, as prescribed in Rule 49 of the Federal Civil Rules, was entitled to much more extensive use. Having sold …