Tuesday, June 17, 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 1 new published opinion and Division Three filed 2 new published opinions on Tuesday, June 17, 2014:
State v. Kindell No. 44086-5 (June 17, 2014) 2014 Wash. App. LEXIS 1489 (lexis.com)
2014 Wash. App. LEXIS 1489 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: As a matter of law, illegally possessing a firearm does not constitute a crime against property for purposes of first degree burglary under RCW 9A.52.020(1). Accordingly, (1) the trial court erred in instructing the jury in response to a jury question that whether illegally possessing a firearm constitutes a crime against property is a factual determination for the jury to decide, and (2) the error was not harmless because it allowed the jury to convict defendant of burglary based on an insufficient predicate crime.
1. State v. Rocha No. 32064-2 (June 17, 2014) 2014 Wash. App. LEXIS 1495 (lexis.com)
2014 Wash. App. LEXIS 1495 (Lexis Advance)
Brief: The public's right to open court proceedings was not violated when the trial court considered information in a closed hearing that ultimately led the court to recuse. The public right to open justice did not extend to the conveyance of information to a judge where there was not also a motion or request for recusal.
2. State v. Harrington No. 30834-1 (June 17, 2014) 2014 Wash. App. LEXIS 1490 (lexis.com)
2014 Wash. App. LEXIS 1490 (Lexis Advance)
Brief: Sufficient evidence supports defendant's conviction for first degree kidnapping. The statute defining first degree kidnapping is not void for vagueness. Counsel was not ineffective.
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