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Litigation

HeadsUp for Washington State: Court Opinions For Thursday, Nov. 21, 2013


Thursday, November 21, 2013

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The Supreme Court of Washington filed 1 new opinion and Division Three of the Court of Appeals did not file any new published opinions on Thursday, November 21, 2013: 

Supreme Court:

 

State v. Jorgenson

No. 87448-4

(November 21, 2013)

2013 Wash. LEXIS 936 

Areas: CRIMINAL LAW 

Brief: Washington law prohibits firearms possession by someone released on bond after a judge has found probable cause to believe that person has committed a serious offense. RCW 9.41.040(2)(a)(iv). The defendant was released on bond after a trial court judge found probable cause to believe he had shot someone. He was arrested with a handgun and an AR-15 rifle. The defendant was not at home at the time, nor was there any evidence that he was defending himself. He was convicted of violating RCW 9.41.040(2)(a)(iv). The defendant claimed that RCW 9.41.040(2)(a)(iv) violated his rights to bear arms under the federal and state constitutions. Deferring to the legislature's conclusion that when a trial judge finds probable cause to believe a defendant has committed a serious offense, public safety justifies temporarily limiting that person's right to possess arms, the Supreme Court held that the statute was constitutional as applied to the defendant and affirmed his conviction. 

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