LEB 323 Chapter Notes - Chapter 4: Precedent
6 Oct 2017
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3rd approach: common-law can change both slowly and dramatically (when modern judges decide that a law no longer serves society and should be scrapped) Case study: in re personal restraint of arnold: defendant: eddie arnold, arnold was convicted of 2nd degree rape under a former statute that was repealed and replaced several days later. Lawrence-berrey (judge): taylor and wheeler hold that the sex offender registration statue requires registration by anyone convicted of a felony that is a violation of chapter. 9a. 44 rcw: the state acknowledges that, if we were to follow taylor and wheeler, mr. Arnold"s failure to register conviction cannot stand: the courts are persuaded to follow the lead of our court"s prior decisions under the doctrine of stare decisis. Vertical vs. horizontal stare decisis: vertical stare decisis: courts are required to follow decisions handed down by higher courts in the same jurisdiction, ex.
