State v. Surge

Court of Appeals of Washington

Decided July 12, 2004

Court of Appeals of Washington · decided 2004-07-12

Cited by 17 later decisions — most recently August 2008

16 state decisions

Applies WA 43 § 43.43.754

Relies on 122 Wash. 2d 73 - State v. Olivas · Green v. Berge

Good law ✅— No negative treatment on recordhow we know

Decided 2004-07-12

View the full empirical analysis of this case →

Baker, J.

¶1(concurring)

¶2I concur, because this court is bound by the decision of our Supreme Court in State v. Olivas.2

¶3I note that the Wisconsin statute at issue in Green v. Berge3 provides that if an individual’s conviction or adjudication has been reversed, the state is required to purge its records and destroy all DNA samples from that person. Our own statute, RCW 43.43.754, contains no such provision. Whether it must, in order to be sufficiently narrowly drawn to pass constitutional muster, is an issue we do not decide.

¶4Motions for reconsideration denied August 23 and September 22, 2004.

¶5Review granted at 153 Wn.2d 1008 (2005).

¶6122 Wn.2d 73, 856 P.2d 1076 (1993).

¶7354 F.3d 675 (7th Cir. 2004).