Drunken Driver Sentenced to 6 Years for Crash that Killed an Everson Man

Drunken Driver Sentenced to 6 Years for Crash that Killed an Everson Man

A Whatcom County man was sentenced to 6 1/2 years in prison this week for vehicular homicide, but will stay out of prison on bond.

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Whatcom County Vehicular Homicide Case Goes to Deliberation Today

Whatcom County Vehicular Homicide Case Goes to Deliberation Today

After 6 days of witness testimony including the defendants where he claimed to only have had one beer, jurors will now be deliberating the outcome of this Whatcom County vehicular homicide case.

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You Have The Right To A Lawyer - You Just Do Not Have The Right To A Meaningful Discussion!

You Have The Right To A Lawyer - You Just Do Not Have The Right To A Meaningful Discussion!

The first step in rule interpretation is to read it for its plain meaning. If its susceptible to more than one meaning then the Court will look to what they think it means. That is a pretty obvious approach and it makes sense. As I read the rule it all seems pretty obvious. . .once in custody of police, or in other words once a person is arrested they are to be afforded the opportunity to speak with a lawyer if they want to.

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Riley v. California: The Constitutionality of Cell Phone Searches

Riley v. California: The Constitutionality of Cell Phone Searches

Recently there has been a string of cases issued from the Nation's highest court, The United States Supreme Court, all the way to Washington State's Appellant Court. These rulings all revolve around your extremely private affairs. This series of blogs will not only connect the dots of these cases, but also reconnect us as my practice has taken me away from my previous regular posting.

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The Right to Refuse: No Longer can the Exercise of your Right be Used Against You

The Right to Refuse: No Longer can the Exercise of your Right be Used Against You

The Right to Refuse: No Longer can the Exercise of your Right be Used Against You

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United States Supreme Court Tells Police To “Get A Warrant.”

United States Supreme Court Tells Police To “Get A Warrant.”

Recently, April 17, 2013, to be specific, the highest court in the land upheld the 4th Amendment Right of drivers suspected of DUI.  The ruling, however, is limited to cases where police are looking to draw blood, and does not affect breath test cases in the same manner.  The name of the case is Missouri v. McNeely.  The facts of McNeeley were as follows: While on patrol at approximately 2:08 a.m., a Missouri police officer stopped Tyler McNeely’s truck after...

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United State Supreme Court Revisits 6th Amendment Right To Confront Witnesses. There Will Be State Consequences.

United State Supreme Court Revisits 6th Amendment Right To Confront Witnesses. There Will Be State Consequences.

Over the past 10 years the Supreme Court has been interpreting the meaning of confronting a witness.  The most recent published analyses was the case of New Mexico v. Bullcoming.  That case was specifically a DUI case and the absence of a witness who actually analyzed the blood of the defendant.  While this case has had some impact on how the State presents witnesses and subsequent evidence, Judges have not been able to apply the concepts for fear of not...

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United States Supreme Court Case Requires The Right To Confront Witnesses Even In DUI Cases.

United States Supreme Court Case Requires The Right To Confront Witnesses Even In DUI Cases.

Last month the United States Supreme Court (USSC) took another anticipated step in preserving one of the most fundamental and important rights that an accused person is afforded under the Constitution of The United States.  The recent case issued by the USSC of Bullcoming v. New Mexico followed in the path of Crawford v. Washington, 541 U. S. 36, 59, and  Melendez-Diaz v. Massachusetts, 557 U. S. ___, in clearly defining the right of confrontation, and in so doing, also...

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Washington Supreme Court Settles Question Of Jurisdiction In Whatcom County DUI Case.

Washington Supreme Court Settles Question Of Jurisdiction In Whatcom County DUI Case.

Last week the Washington Supreme court issued their ruling in State v. Eriksen, what appears to many to be a simple case of DUI. However, given the location of the stop and arrest, the case contained an important issue and created a question as to whether a Tribal Officer had the authority to go beyond the tribal lands in making the stop and arrest?

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You Have The Right To Remain Silent, But First, Speak Up!

You Have The Right To Remain Silent, But First, Speak Up!

This summer (June) the United States Supreme Court (USSC) issued a ruling contrary to the longstanding belief that, silence by an accused who informed and warned of the right to remain silent was an obvious invocation of the right.  The case is BERGHUIS v. THOMPKINS. Traditionally, a person's silence after being informed of their rights, specifically the right to remain silent made it very obvious that they were exercising that right.  The new ruling by the USSC has changed that...

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