MacDonald Hoague & Bayless has a long history of success handling civil and criminal appeals at all levels of the state and federal courts.

Our attorneys handle appeals in both civil and criminal cases, in state and federal court.  In addition to representing clients who are parties to an appeal, we also frequently represent individuals and organizations filing amicus briefs in cases of local and national importance.  

Our firm has decades of experience in handling appeals at the highest levels, including numerous appearances before the Supreme Court of Washington and the United States Supreme Court.  We have attorneys admitted to practice in several federal circuits as well as the U.S. Supreme Court, and several of our attorneys completed clerkships with state and federal appellate judges prior to entering private practice.

Our firm’s appellate victories include the following reported cases, among many others:

United States Supreme Court

  • Kalina v. Fletcher, 522 U.S. 118 (1997) (holding that prosecutors may be liable for false arrests when they personally execute certifications for determination of probable cause)
  • Richmond v. Lewis, 506 U.S. 40 (1992) (holding that court erred by giving weight to an unconstitutionally vague sentencing factor when imposing a death sentence)
  • Baggett v. Bullitt, 377 U.S. 360 (1964) (holding that Washington statutes requiring state employees to take loyalty oaths were unconstitutional)

Ninth Circuit Court of Appeals

  • Browning v. Baker, 875 F.3d 444 (9th Cir. 2017) (reversing conviction of death-row inmate based on prosecutor’s withholding of exculpatory evidence)
  • Karl v. City of Mountlake Terrace, 678 F.3d 1062 (9th Cir. 2012) (holding that public employee’s testimony in lawsuit exposing significant government misconduct was matter of public concern subject to First Amendment protection)
  • Prison Legal News v. Lehman, 397 F.3d 692 (9th Cir. 2005) (holding that ban on receipt of catalogs and bulk mail by prisoners violated the First Amendment)
  • Jordan v. Gardner, 986 F.2d 1521 (9th Cir. 1993) (holding that policy requiring male prison guards to conduct random, non-emergency body searches of female inmates was unconstitutional)

Washington State Courts

  • Blackburn v. State of Washington, Dep’t of Social & Health Servs., 186 Wn.2d 250 (2016) (holding that race-based staffing directive at Western State Hospital violated the Washington Law Against Discrimination)
  • Henningsen v. Worldcom, 102 Wn. App. 828 (2002) (holding that employer may be liable for supervisor’s sexual harassment of employee)
  • In re Maxfield, 133 Wn.2d 332 (1997) (holding that consumers have right to privacy in their public utility consumption records)