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Tuesday, September 5, 2006 - Page updated at 12:00 AM Key cases by state Supreme Court
Some key cases decided by the state Supreme Court in recent years: Felony murder In a 2002 case known as Andress, the court ruled 5-4 that if someone commits an assault that leads to a death, prosecutors could not use the assault as a predicate for charging the person with felony murder. In response, the state Legislature voted overwhelmingly to make it clear that assault can be used as a predicate for charging felony murder. Majority: Barbara Madsen, Gerry Alexander, Charles Smith*, Charles Johnson and Richard Sanders. Dissenting: Faith Ireland*, Susan Owens, Bobbe Bridge and Tom Chambers. Death penalty In a 5-4 decision, the court this year upheld a death-penalty sentence against Dayva Cross, who killed his wife and her two daughters. Cross argued the state's death penalty is unconstitutional, pointing to Green River killer Gary Ridgway, who killed dozens of women but was sentenced to life in prison under a plea deal with prosecutors. Majority: Chambers, Ireland, Bridge, Alexander, Mary Fairhurst. Dissenting: Madsen, Charles Johnson, Sanders and Owens. Property rights
• The court ruled 7-2 that the Seattle Monorail Project could condemn a parking garage even though the agency needed only about a third of the property for a new train station. Majority: Madsen, Bridge, Charles Johnson, Alexander, Owens, Chambers and Fairhurst. Dissenting: Jim Johnson and Sanders. • In a case involving Sound Transit, the court ruled 5-4 that it is a "legislative judgment" — and generally not the court's — that determines whether a condemnation of private property is for a legitimate public use. Majority: Fairhurst, Madsen, Bridge, Charles Johnson, Owens. Dissenting: Jim Johnson, Alexander, Sanders and Chambers. Parental rights The court ruled 7-2 last year that a lesbian who helped raise a girl had co-parenting rights to the child, even though she wasn't the girl's adoptive or biological parent. Though the woman had separated from the girl's biological mother, the court said she was still a "de-facto or psychological parent." Majority: Bridge, Madsen, Charles Johnson, Alexander, Owens, Chambers and Fairhurst. Dissenting: Jim Johnson and Sanders. Gay marriage In July, the court upheld the state's Defense of Marriage Act, which limits marriage to one man and one woman. In its 5-4 ruling, a plurality of justices said the basis for the law — procreation and encouraging families headed by biological parents — was valid. Majority: Madsen, Alexander, Charles Johnson, Jim Johnson and Sanders. Dissenting: Fairhurst, Bridge, Owens and Chambers. Public disclosure In 2004, the court ruled 5-4 in Hangartner v. Seattle that the city could use attorney-client privilege to withhold Sound Transit-related documents. The court also said an agency can reject public-records requests that it deems overly broad. Majority: Alexander, Ireland, Bridge, Owens and Fairhurst. Dissenting: Madsen, Charles Johnson, Sanders and Chambers. * Faith Ireland and Charles Smith are no longer on the court. Copyright © 2006 The Seattle Times Company
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