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Tuesday, Dec. 1, 2015To view the full text of these opinions, please click here. Lexis.com® and Lexis Advance® subscribers may use the links below to access the cases on lexis.com and Lexis Advance.
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:
1. In re Custody of A.L.D. / Moehlmann v. LambertNo. 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-FariasNo. 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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