Thursday, January 9, 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 filed 1 new opinion and Division Three of the Court of Appeals filed 2 new published opinions and ordered the publication of 1 opinion on Thursday, January 9, 2014:
State v. Johnson No. 86885-9 (January 9, 2014) 2014 Wash. LEXIS 3 (lexis.com)
2014 Wash. LEXIS 3 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The plain meaning of former RCW 46.20.342(1 )( c )(iv) (2008) allows the State to convict a driver for third degree driving while license suspended where the underlying license suspension occurred for failure to pay a fine. Because the defendant was not constitutionally indigent, the court declined to address his constitutional challenge to the suspension of his license because he lacked standing to raise that challenge. The court further held that the defendant was statutorily indigent. Thus, the case was remanded to the district court with instructions to enter an order designating the defendant either as (1) indigent or (2) indigent and able to contribute. If the defendant is able to contribute, the district court must enter an order determining the costs the defendant should bear for his appeal.
Court of Appeals:
1. In re Guardianship of D.S. No. 30981-9 (filed December 3, 2013; ordered published January 9, 2014) 2013 Wash. App. LEXIS 2732 (lexis.com)
2013 Wash. App. LEXIS 2732 (Lexis Advance)
Areas: DOMESTIC RELATIONS AND FAMILY LAW
Brief: Concluding that, because the father has remedied his parental deficiencies, the child can be returned to his father's care in the near future, the Court of Appeals vacated the guardianship and remanded the case for reinstatement of the dependency.
2. Youker v. Douglas County No. 30968-1 (January 9, 2014) 2014 Wash. App. LEXIS 9 (lexis.com)
2014 Wash. App. LEXIS 9 (Lexis Advance)
Areas: CRIMINAL LAW; PERSONAL INJURY AND INSURANCE LAW
Brief: The plaintiff appealed the summary judgment dismissal of his common law privacy invasion suit against the county and two of its sheriff's deputies after the deputies performed a warrantless search of his home based on the consent of his ex-wife. The plaintiff contended that genuine issues of material fact existed on his ex-wife’s authority to consent to the search and the amount of damages stemming directly from the search. Because reasonable minds could solely conclude that the deputies lacked intent to intrude upon the plaintiff's seclusion, the Court of Appeals affirmed.
3. State v. Ellis No. 31280-1 (January 9, 2014) 2014 Wash. App. LEXIS 15 (lexis.com)
2014 Wash. App. LEXIS 15 (Lexis Advance)
Brief: The Court of Appeals held that the affidavit supporting the search warrant presented probable cause to believe the defendant committed a violation of the Uniform Controlled Substances Act where it set forth enough details to reasonably infer that the defendant was growing marijuana on his property. The affidavit was not required to also show the inapplicability of the Washington State Medical Use of Cannabis Act exception.
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