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Litigation

HeadsUp for Washington State: Court Opinions From Tuesday, November 4, 2014

Tuesday, November 4, 2014

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Division Two of the Court of Appeals filed 2 new published opinions, and Division Three of the Court of Appeals filed no new published opinions but ordered the publication of 1 opinion on Tuesday, October 28, 2014:

Division Two: 

1. Dep't of Ecology v. Wahkiakum County
No. 44700-2
(November 4, 2014)
2014 Wash. App. LEXIS 2622

2014 Wash. App. LEXIS 2622

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

Brief: The Washington State Legislature has charged the Department of Ecology with executing the state's biosolids program to facilitate and encourage recycling, rather than disposal, of sewage waste. In 2011, Wahkiakum County passed an ordinance banning the use of the most common class of biosolids within the County. The County's ordinance conflicts with state law, and, thus, is unconstitutional under Const. art. XI, § 11.

2. State v. Espey
No. 43737-6
(November 4, 2014)
2014 Wash. App. LEXIS 2627

2014 Wash. App. LEXIS 2627

Areas: CRIMINAL LAW

Brief: The first degree burglary conviction under RCW 9A.52.020(1)(b) was reversed and remanded for a new trial. The the State improperly commented on defendant's constitutional right to counsel under the Sixth Amendment and Const. art. I, § 22 because the State relied on his consultation with an attorney to discredit him. 

Division Three: 

State v. Alcantar-Maldonado
No. 31259-3
(Filed July 3, 2014; ordered published November 4, 2014)
2014 Wash. App. LEXIS 1654

2014 Wash. App. LEXIS 1654

Areas: CRIMINAL LAW

Brief: Evidence was sufficient to find defendant guilty of first degree assault by use of a firearm under RCW 9A.36.011(1)(A) because any reasonable jury could conclude that he intended to cause the victim great bodily harm when he repeatedly struck the victim in the face with his hands, feet, and gun. Defendant's driver's license should not have been revoked on his conviction of first degree assault under RCW 46.20.285(4) because his use of the motor vehicle was merely incidental to his commission of the crime when he used the vehicle only for transportation to and from the scene where he committed the assault.

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