Tuesday, June 3, 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 Two of the Court of Appeals filed 3 new published opinions and Division Three filed 2 new published opinions on Tuesday, June 3, 2014:
1. In re Marriage of Underwood No. 44068-7 (June 3, 2014) 2014 Wash. App. LEXIS 1345 (lexis.com)
2014 Wash. App. LEXIS 1345 (Lexis Advance)
Areas: DOMESTIC RELATIONS AND FAMILY LAW
Brief: In the marriage dissolution proceedings, the trial court erred in allowing the parties' two teenage children to determine the amount of their residential time with the father without supporting that decision with appropriate findings.
2. Eubanks v. Klickitat Cnty. No. 44969-2 (June 3, 2014) 2014 Wash. App. LEXIS 1346 (lexis.com)
2014 Wash. App. LEXIS 1346 (Lexis Advance)
Areas: COURTS; EMPLOYMENT LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: The deputy prosecuting attorney who was sued for sexual harassment in the workplace waived any right to require the disqualification of the plaintiffs' attorney because of the delay in filing his motion to disqualify.
3. First Citizens Bank & Trust Co. v. Harrison No. 43451-2 (June 3, 2014) 2014 Wash. App. LEXIS 1344 (lexis.com)
2014 Wash. App. LEXIS 1344 (Lexis Advance)
Areas: BUSINESS AND COMMERCIAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW; PROPERTY AND LAND USE LAW
Brief: The trial court correctly denied the lender's motion to strike the borrowers' exemption claims because 25 U.S.C.S. § 410 applies when lease payments from Indian trust land are distributed to a Native American and placed in a private bank account.
1. In re Post-Sentence Review of Cage No. 31848-6 (June 3, 2014) 2014 Wash. App. LEXIS 1347 (lexis.com)
2014 Wash. App. LEXIS 1347 (Lexis Advance)
Areas: COURTS; CRIMINAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: The trial court lacked the authority to grant a furlough for a medical emergency to the inmate.
2. State v. Harrison No. 31109-1 (June 3, 2014) 2014 Wash. App. LEXIS 1348 (lexis.com)
2014 Wash. App. LEXIS 1348 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The exception to the crime of felon in possession for a rehabilitated ex-felon does not turn on whether his or her right to possess firearms has been restored in some other jurisdiction; it turns on whether there has been a judicial finding of rehabilitation that satisfies Washington law. In this case, the procedure required to obtain defendant's California certificate of rehabilitation qualifies for the exception provided by RCW 9.41.040(3). Thus, the Court of Appeals reverses defendant's conviction of second degree unlawful possession of a firearm and remands with directions to dismiss the charge.
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