HeadsUp for Washington State: Court Opinions From Monday, February 24, 2014

HeadsUp for Washington State: Court Opinions From Monday, February 24, 2014

Monday, February 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.

Division One of the Court of Appeals filed 3 new published opinions on Monday, February 24, 2014:

1. State v. Zeferino-Lopez
No. 69649-1
(February 24, 2014)
2014 Wash. App. LEXIS 428 (lexis.com)

2014 Wash. App. LEXIS 428 (Lexis Advance)


Brief: Defendant was convicted of identity theft in the second degree for using a Social Security number belonging to someone else. Knowledge that the number belonged to another person is an element of the crime. Because there was no evidence of that element, the Court of Appeals reverses with instructions to dismiss for insufficiency of the evidence.

2. State v. Rainey
No. 68846-4 
(February 24, 2014)
2014 Wash. App. LEXIS 433 (lexis.com)

2014 Wash. App. LEXIS 433 (Lexis Advance) 



Brief: Under the “experience and logic” test, a witness's assertion of the Fifth Amendment privilege against self-incrimination in an evidentiary hearing must occur on the witness stand in open court, unless the court has conducted a Bone-Club analysis and made suitable findings. Because that did not happen here, both defendant's right to a public trial and the public's right to open proceedings were violated and defendant is entitled to a new hearing on his motion for a new trial.

3. In re Det. of Johnson
No. 69322-1
(February 24, 2014)
2014 Wash. App. LEXIS 429 (lexis.com)

2014 Wash. App. LEXIS 429 (Lexis Advance)


Brief: It does not violate due process to involuntarily commit a person under RCW 71.05.153 without the opportunity for a judge to review whether that person presents an imminent risk of serious harm.

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