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Litigation

HeadsUp for Washington State: Court Opinions From Tuesday, Dec. 1, 2015

 

Tuesday, Dec. 1,  2015

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Division Two of the Court of Appeals filed no new published opinions, and Division Three filed 2 new published opinions on Tuesday, December 1, 2015:

Division Three:

1. In re Custody of A.L.D. / Moehlmann v. Lambert
No. 32441-9        
(December 1, 2015)
2015 Wash. App. LEXIS 2924 (lexis.com)

2015 Wash. App. LEXIS 2924 (Lexis Advance)

Areas: DOMESTIC RELATIONS AND FAMILY LAW

Brief: The trial court, after an evidentiary hearing, granted the grandparents' nonparental custody petition over the opposition of the child's mother. The Court of Appeals reverses the trial court and grants the mother custody of her daughter, not because the court is pleased with her parenting but because of the potent constitutional right to the care, custody and companionship of one's biological child. Due process demands that a parent receive custody of a child unless the parent is unfit or custody of the parent would cause actual detriment to the child's growth and development. After reviewing the trial record, the court finds a lack of evidence to establish either standard.

2. State v. Diaz-Farias
No. 32583-1       
(December 1, 2015)
2015 Wash. App. LEXIS 2933 (lexis.com)

2015 Wash. App. LEXIS 2933 (Lexis Advance)

Areas: CRIMINAL LAW

Brief: The cost reimbursement exception for “expenses inherent in providing a constitutionally guaranteed jury trial” applies to juror costs, but not to expenses incurred in protecting other constitutional rights of a defendant at trial; further, statutes requiring a county to bear certain expenses in the first instance do not conflict with RCW 10.01.160's authorization to require a convicted defendant to reimburse “costs … incurred by the state.”

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