INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law. ~Article 1, Section 7 of the Washington Constitution.
Friday, May 20, 2011
Interesting Gunwall case on article 1, section 22.
State v. Martin is not an article 1, section 7 case, but is an interesting case anyways. Using the Gunwall analysis, the Washington Supreme Court holds that article 1, section 22, should be analyzed independently of the sixth amendment. The majority nonetheless basically follows federal interpretation and affirms the conviction. Still, it provides a path for future arguments that go beyond the sixth amendment. Here are links to the majority, concurrence, and dissenting opinions.
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