Monday, July 21, 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 1 new published opinion and announced the publication of 1 additional opinion on Monday, July 21, 2014:
1. State v. Figeroa Martines No. 69663-7 (July 21, 2014) 2014 Wash. App. LEXIS 1789 (lexis.com)
2014 Wash. App. LEXIS 1789 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The extraction of blood from a drunk driving suspect is a search. Testing the blood sample is a second search. It is distinct from the initial extraction because its purpose is to examine the personal information blood contains. Thus, the State may not conduct tests on a lawfully procured blood sample without first obtaining a warrant that authorizes testing and specifies the types of evidence for which the sample may be tested.
2. Casey v. Sudden Valley Cmty. Ass'n No. 70329-3 (filed May 27, 2014; ordered published July 10, 2014) 2014 Wash. App. LEXIS 1309 (lexis.com)
2014 Wash. App. LEXIS 1309 (Lexis Advance)
Areas: PROPERTY AND LAND USE LAW
Brief: Dues and assessments could be governed by the homeowners' association's bylaws because RCW 64.38.025(3) governs only the process for approving a budget and nothing in ch. 68.34 RCW prohibits or limits the authority to levy dues and assessments. The association's budget approval did not automatically mean approval of dues and assessments because RCW 64.38.025(4) imposes only a disclosure requirement and RCW 64.38.035 applies only when changes in a previously approved budget result in a change in assessments. "Spending plans" did not constitute revised budgets requiring notice and vote of the membership because RCW 64.38.035(3) requires notice only when a change to a budget results in a change in assessment obligation and RCW 64.38.025(3) applies only if members reject a proposed budget.
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