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Litigation

HeadsUp for Washington State: Court Opinions From Wednesday, December 24, 2014

Wednesday, December 24, 2014


To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. 

The Supreme Court of Washington filed 2 new opinions on Wednesday, December 24, 2014:

1. State v. Davis / State v. Nelson / State v. Davis
No. 89448-5
(December 24, 2014)
2014 Wash. LEXIS 1150 (lexis.com)

2014 Wash. LEXIS 1150 (Lexis Advance)

Areas: CRIMINAL LAW

Brief: Defendants were improperly convicted of unlawful possession of a stolen firearm under RCW 9A.56.310 and unlawful possession of a firearm under RCW 9.41.040(2)(a) because the evidence showed that, at most, they had only passing control of the firearm and never asserted any interest in it, and there was no evidence of consent to bring the firearm into the home or of a nexus between the home and the firearm. An exceptional sentence could not be imposed for rendering criminal assistance under RCW 9A.76.050(4) on the basis of the aggravating factor that the crime involved a destructive and foreseeable impact on persons other than the victim under RCW 9.94A.535(3)(r) because the "victim" of the crime was the general public and, consequently, there could be no "other" who could be impacted by the crime.

2. In re Pers. Restraint of McWilliams
No. 88883-3 
(December 24, 2014)
2014 Wash. LEXIS 1149 (lexis.com)

2014 Wash. LEXIS 1149 (Lexis Advance)

Areas: CRIMINAL LAW

Brief: In a second degree assault case, a personal restraint petition was granted because the combined term of confinement and community custody exceeded the statutory maximum for the offense under RCW 9.94A.505(5). RCW 9.94A.701(9) did not apply because it applied to terms of confinement imposed within the standard range, and an exceptional sentence was imposed in this case. A notation on the judgment and sentence explicitly stating that the combination of confinement and community custody would not exceed the statutory maximum satisfied RCW 9.94A.505(5). 

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