Legal Opinion

State v. McClendon

Washington Supreme Court

Decided May 1, 1997No. 63066-6PublishedCited by 63 opinions

1Opinion of the CourtSmith, J.

The parties and a judge of the Whitman County Superior Court jointly seek review of a Whitman County District Court decision granting the respondents’ motion to dismiss charges of driving while under the influence of intoxicating liquor in violation of RCW 46.61.502. We granted review. We reverse and remand for trial.

QUESTION PRESENTED

The sole question presented in this case is whether it is unconstitutional double jeopardy for the State of Washington to prosecute respondents for violation of RCW 46.61.502, driving a vehicle while under the influence of intoxicating liquor, when the…

Also in this document: Concurrence.

2Cases cited35 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  4. State v. GunwallWashington Supreme Court · 1986
  5. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994

30 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. Densley v. Department of Retirement SystemsWashington Supreme Court · 2007
  2. State v. ShultzWashington Supreme Court · 1999
  3. State v. TKWashington Supreme Court · 2003
  4. State v. ShultzWashington Supreme Court · 1999
  5. State v. T.K.Washington Supreme Court · 1999

58 more not listed; retrieve them via the Exa API.

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