Washington Supreme Court· 12/12/1985

State v. Bartholomew

Citations

710 P.2d 196
104 Wash. 2d 844
1985 Wash. LEXIS 1304

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that unlike the word “shall,” the word “may” indicates discretion or permission (citing, e.g., Crown Cascade, Inc. v. O’Neal, 100 Wn.2d 256, 668 P.2d 585 (1983))
unfettered discretion of the prosecutor in sentencing decisions would violate equal protection where two defendants, in identical situations, could have their penalties decided differently
equal protection denied where no guidelines control prosecutor's decision to submit death penalty case to jury at special sentencing proceeding on remand
use of \may\ and \shall\ in the statute indicates that the Legislature intended the two words to have different meanings: \may\ being directory, while \shall\ being mandatory
use of “may” and “shall” in the statute indicates that the Legislature intended the two words to have different meanings: “may” being directory, and “shall” being mandatory
use of “may” and “shall” in a statute indicates that the legislature intended the two words to have different meanings: “may” being directory, while “shall” being mandatory

Source: CourtListener parenthetical corpus (CC0).

Judges: Dore, Brachtenbach, Andersen, Callow, Goodloe, Durham, Utter, Pearson, Dolliver

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Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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