Thursday, October 31, 2013
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The Supreme Court of Washington filed 3 new opinions and Division Three of the Court of Appeals filed 1 new published opinion on Thursday, October 31, 2013:
1. State v. Bao Dinh Dang
(October 31, 2013)
2013 Wash. LEXIS 860
Areas: CRIMINAL LAW
Brief: Consistent with due process principles, the statutory scheme governing insanity acquittals, chapter 10.77 RCW, requires trial courts to find conditionally released insanity acquittees dangerous before committing them to mental institutions against their will. A preponderance of the evidence sufficiently protects an insanity acquittee's rights in the context of revoking conditional release. Because the trial court in this case specifically determined that the defendant was dangerous, it properly revoked his conditional release. The trial court erred by admitting hearsay statements at the defendant's revocation hearing without finding good cause for doing so, but the error was harmless beyond a reasonable doubt.
2. State v. Ollivier
2013 Wash. LEXIS 861
Brief: The delay in bringing the defendant to trial did not violate his speedy trial rights where the defendant's own counsel requested the continuances causing the delay and no claim of ineffective counsel was made related to those continuances; probable cause for the search warrant was sufficiently established by qualifying information in the affidavit; and no violation of CrR 2.3(d) occurred because a copy of the search warrant was posted upon seizure of property pursuant to the warrant.
3. State v. Wooten
2013 Wash. LEXIS 862
Brief: For purposes of malicious mischief, the defendant was not the exclusive owner of the property, thus he could be found to have damaged the "property of another," and the trial court did not abuse its discretion by limiting defense counsel’s closing argument.
Court of Appeals:
Department of Labor and Industries v. Slaugh
2013 Wash. App. LEXIS 2575
Areas: EMPLOYMENT LAW
PERSONAL INJURY AND INSURANCE LAW
Brief: RCW 51.36.010 provides the supervisor of industrial insurance with the discretion to authorize continued life-sustaining treatment only in a case involving a permanent total disability.
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