HeadsUp for Washington State: Court Opinions From Tuesday, June 3, 2014

Tuesday, June 3, 2014 

To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. 

Division Two of the Court of Appeals filed 3 new published opinions and Division Three filed 2 new published opinions on Tuesday, June 3, 2014:

Division Two:

1. In re Marriage of Underwood 
No. 44068-7  
(June 3, 2014)
2014 Wash. App. LEXIS 1345 (lexis.com)

2014 Wash. App. LEXIS 1345 (Lexis Advance)

Areas: DOMESTIC RELATIONS AND FAMILY LAW

Brief: In the marriage dissolution proceedings, the trial court erred in allowing the parties' two teenage children to determine the amount of their residential time with the father without supporting that decision with appropriate findings.

2. Eubanks v. Klickitat Cnty.  
No. 44969-2 
(June 3, 2014)
2014 Wash. App. LEXIS 1346 (lexis.com)

2014 Wash. App. LEXIS 1346 (Lexis Advance)

Areas: COURTS; EMPLOYMENT LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW

Brief: The deputy prosecuting attorney who was sued for sexual harassment in the workplace waived any right to require the disqualification of the plaintiffs' attorney because of the delay in filing his motion to disqualify.

3. First Citizens Bank & Trust Co. v. Harrison 
No. 43451-2 
(June 3, 2014)
2014 Wash. App. LEXIS 1344 (lexis.com)

2014 Wash. App. LEXIS 1344 (Lexis Advance)

Areas: BUSINESS AND COMMERCIAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW; PROPERTY AND LAND USE LAW

Brief: The trial court correctly denied the lender's motion to strike the borrowers' exemption claims because 25 U.S.C.S. § 410 applies when lease payments from Indian trust land are distributed to a Native American and placed in a private bank account.

Division Three:

1. In re Post-Sentence Review of Cage 
No. 31848-6 
(June 3, 2014)
2014 Wash. App. LEXIS 1347 (lexis.com)

2014 Wash. App. LEXIS 1347 (Lexis Advance)

Areas: COURTS; CRIMINAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW

Brief: The trial court lacked the authority to grant a furlough for a medical emergency to the inmate.

2. State v. Harrison 
No. 31109-1 
(June 3, 2014)
2014 Wash. App. LEXIS 1348 (lexis.com)

2014 Wash. App. LEXIS 1348 (Lexis Advance)

Areas: CRIMINAL LAW

Brief: The exception to the crime of felon in possession for a rehabilitated ex-felon does not turn on whether his or her right to possess firearms has been restored in some other jurisdiction; it turns on whether there has been a judicial finding of rehabilitation that satisfies Washington law. In this case, the procedure required to obtain defendant's California certificate of rehabilitation qualifies for the exception provided by RCW 9.41.040(3). Thus, the Court of Appeals reverses defendant's conviction of second degree unlawful possession of a firearm and remands with directions to dismiss the charge.

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