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Analysis: Binding Washington State precedent

However, under binding state precedent, the same result would have been reached. The United States Supreme Court has held that "a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a ‘clear break’ with the past." Griffith v. Kentucky, 479 U.S. 314, 328, 107 S. Ct. 708, 93 L. Ed. 2d 649 (1987). Washington courts have cited Griffith with approval: "A new rule announced by the state or federal Supreme Court applies to all cases pending direct review at the time the rule is announced." State v. Gamble, 118 Wn. App. 332, 335-36, 72 P.3d 1139 (2003) reversed in part on other grounds by 154 Wn.2d 457 (2005); see also In re Pers. Restraint of St. Pierre, 118 Wn.2d 321, 325-26, 823 P.2d 492 (1992). The rule announced in Ellis was applied to Ellis; under Griffith and St. Pierre, the rule should have retroactively applied to Atsbeha without reference to a Chevron Oil analysis.

Courtesy of The Court of Appeals of the State of Washington
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IN THIS SECTION
Defendant motion for summary judgment
strict liability
Summary judgment standard
Review on appeal
Retroactive application standard
Strict liability for product defect
Restatement of Torts
Washington Supreme Court Decisions
Washington appellate court decisions
Retroactive application
U.S. Supreme Court decision
Applicability of Chevron Oil
Application standard
Taskett King Broad rule
Strict product liability standard
Robinson not overruled
Atsbeha standard
Binding precedent
Griffith and St. Pierre cases
Audett case
Chevron standard
American Law Institute

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see also:

Retroactive application standard Lunsford case: retroactive application standard for mesothelioma
Lunsford case: Retroactive application standard in mesothelioma case

Washington Supreme Court Decisions Lunsford: Mesothelioma and Washington Supreme Court
Lunsford: Mesothelioma, Washington Supreme Court decisions

The Lunsford case Lunsford case relating to asbestos and mesothelioma
Read about the Lunsford case relating to asbestos and mesothelioma