Latest 2 Cases: Washington v. Davis (Constitutional Law), Washington v. Van Wolvelaere (Constitutional Law)

A Constitutional Commitment to Access to Literacy: Bridging the Chasm Between Negative and Positive Rights

EVAN CAMINKER

Michigan Law dean emeritus Evan Caminker discusses a decision by the U.S. Court of Appeals for the Sixth Circuit, in which that court held that the Fourteenth Amendment’s Due Process Clause secures schoolchildren a fundamental right to a “basic minimum education” that “can plausibly impart literacy.” Caminker—one of the co-counsel for the plaintiffs in that case—explains why the decision is so remarkable and why the supposed dichotomy between positive and negative rights is not as stark as canonically claimed.

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Washington v. Davis

Docket: 96663-0

Opinion Date: April 30, 2020

Judge: Barbara Madsen

Areas of Law: Constitutional Law, Criminal Law

In 2014, Keith Davis was arrested for possession of a stolen vehicle. A month later, he was arrested again for possession of a different stolen vehicle; crack cocaine was discovered on Davis' person in a search incident to that arrest. In March 2014, the State charged Davis with two counts of possessing a stolen vehicle and one count of possession of a controlled substance. On February 6, 2015, Davis waived his right to counsel. During his colloquy with the trial judge, Davis asked how he could request standby counsel. The judge informed Davis he could move for standby counsel but the motions were unlikely to be granted. The court then found Davis knowingly and voluntarily waived his right to counsel, and he proceeded pro se. During pretrial and case setting hearings, Davis continually asked for standby counsel and repeated his frustrations about preparing to defend himself while incarcerated. Trial was held in 2017, and after unsuccessful attempts at continuing proceedings, Davis again asked for standby counsel. The court attempted to clarify if Davis meant he was withdrawing as his own counsel and requesting new counsel. Davis stated that he would not go to trial and that the court could “go to trial without [him]”; he said he was “not coming to trial” and “you guys can hold trial without me. Right? You do that? . . . Because I’m not coming.” Frustrated that his requests were denied, the trial court warned Davis outbursts and disruptions would lead to his removal. In response, Davis stated, "You can remove me now... I don't even want to be here. So remove me. I don't care. ...you can hold your trial without me." Davis did return to court and represent himself without significant incident until the State commenced its case in chief. After a break in proceedings, Davis returned to court to find the water on his table had been removed; the court noted Davis was taking frequent breaks. Davis then began a “tirade of expletives, pounding on the table with his fists, and yelling at an extremely loud volume, . . . at one point scream[ing]" at the trial judge. The judge made rulings on record (but outside of the jury's presence), and Davis was removed. He appealed his ultimate conviction, arguing his right to be present was violated when the trial court found he voluntarily absented himself from his trial. Finding no abuse of discretion, the Washington Supreme Court affirmed Davis' conviction.

Washington v. Van Wolvelaere

Docket: 97283-4

Opinion Date: April 30, 2020

Judge: Sheryl Gordon McCloud

Areas of Law: Constitutional Law, Criminal Law

Julia Tucker stole a snowmobile and was convicted of theft of a motor vehicle. On appeal, she argued a snowmobile was not a motor vehicle under the relevant statute, RCW 9A.56.065. The Washington Supreme Court found snowmobiles were unambiguously included as motor vehicles under the statute. Therefore, Tucker’s conviction was affirmed.