HeadsUp for Washington State: Court Opinions From Tuesday, June 10, 2014

HeadsUp for Washington State: Court Opinions From Tuesday, June 10, 2014

Tuesday, June 10, 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 2 new published opinions and Division Three filed no new published opinions but announced the publication of 1 opinion on Tuesday, June 10, 2014:

Division Two:

1. Pac. Marine Ins. Co. v. Dep't of Revenue
No. 43719-8  
(June 10, 2014)
2014 Wash. App. LEXIS 1378 (lexis.com)

2014 Wash. App. LEXIS 1378 (Lexis Advance)


Brief: After the insurance company entered receivership and was liquidated under ch. 48.31 RCW, funds from the company's estate were transferred to the State treasury in 2000 and 2002 and escheated to the State after six years. The company and its owner made a claim against the estate under the Washington Uniform Unclaimed Property Act and then filed this action after the Department of Revenue (DOR) refused to release the funds. The Court of Appeals holds that the superior court had jurisdiction to determine whether the DOR's decision was correct, and that because the company and owner had no legal interest in the funds, they had no standing to challenge that DOR decision.

2. State v. Powell 
No. 43585-3 
(June 10, 2014)
2014 Wash. App. LEXIS 1377 (lexis.com)

2014 Wash. App. LEXIS 1377 (Lexis Advance)


Brief: Because the trial court was not required to enter written findings and conclusions in this case and the supporting affidavit established probable cause to issue the search warrant, the Court of Appeals affirms the trial court's denial of defendant's CrR 3.6 suppression motion. Because the legislature's 2010 amendment to the definition of sexually explicit conduct expanded the definition to include the conduct depicted within the images in defendant's possession, the court reverses the trial court's Knapstad dismissal of the charge of second degree possession of depictions of a minor engaged in sexually explicit conduct and remands for further proceedings.

Division Three:

In re Guardianship of Cornelius 
No. 30985-1 
(Filed April 17, 2014; ordered published June 10, 2014)
2014 Wash. App. LEXIS 908 (lexis.com)

2014 Wash. App. LEXIS 908 (Lexis Advance)


Brief: The trial court did not err in appointing an individual as the full guardian of the ward, a developmentally delayed adult. Although the ward's mother had earlier served as a co-guardian of the ward's person and estate, neither that earlier role, nor the parent-child relationship, gives rise to the constitutional interest or procedural rights that the mother claims should have been recognized in the trial court.

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