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Tuesday, October 20, 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 2 new published opinions, and Division Three filed 1 new published opinion on Tuesday, October 20, 2015:
1. State v. ThierryNo. 45379-7 (October 20, 2015)2015 Wash. App. LEXIS 2521 (lexis.com)
2015 Wash. App. LEXIS 2521 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The improper prosecutorial argument to which defendant timely objected requires reversal of his convictions. The outcome of the case depended entirely on whether the jury chose to believe the alleged victim's accusations or defendant's denial. The prosecutor's remarks created a substantial risk that the jury decided to credit the alleged victim's testimony for improper reasons. The prosecutor's remarks exacerbated that risk by misrepresenting defense counsel's argument so as to unfairly undermine defendant's defense.
2. Quinault Indian Nation v. Imperium Terminal Servs. LLCNos. 45887-0, 45947-7, 45957-4 (October 20, 2015)2015 Wash. App. LEXIS 2525 (lexis.com)
2015 Wash. App. LEXIS 2525 (Lexis Advance)
Areas: PROPERTY AND LAND USE LAW
Brief: RCW 88.40.025 does not require permit applicants to demonstrate financial responsibility prior to permitting. The Ocean Resources Management Act does not apply to the terminal development projects in this case.
FPA Crescent Assocs. v. Jamie's LLCNo.32705-1 (October 20, 2015)2015 Wash. App. LEXIS 2520 (lexis.com)
2015 Wash. App. LEXIS 2520 (Lexis Advance)
Brief: A landlord may not bypass the notice and right to cure provision of RCW 59.12.030(3) by declaring a tenant in default for nonpayment of rent, then terminating the tenancy, and then arguing that the tenant is a holdover tenant unlawfully detaining under RCW 59.12.030(1).
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