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HeadsUp for Washington State: Court Opinions From Tuesday, October 20, 2015

Tuesday, October 20, 2015

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Division Two of the Court of Appeals filed 2 new published opinions, and Division Three filed 1 new published opinion on Tuesday, October 20, 2015:

Division Two:

1. State v. Thierry
No. 45379-7     
(October 20, 2015)
2015 Wash. App. LEXIS 2521 (

2015 Wash. App. LEXIS 2521 (Lexis Advance)


Brief: The improper prosecutorial argument to which defendant timely objected requires reversal of his convictions. The outcome of the case depended entirely on whether the jury chose to believe the alleged victim's accusations or defendant's denial. The prosecutor's remarks created a substantial risk that the jury decided to credit the alleged victim's testimony for improper reasons. The prosecutor's remarks exacerbated that risk by misrepresenting defense counsel's argument so as to unfairly undermine defendant's defense.

2. Quinault Indian Nation v. Imperium Terminal Servs. LLC
Nos. 45887-0, 45947-7, 45957-4     
(October 20, 2015)
2015 Wash. App. LEXIS 2525 (

2015 Wash. App. LEXIS 2525 (Lexis Advance)


Brief: RCW 88.40.025 does not require permit applicants to demonstrate financial responsibility prior to permitting. The Ocean Resources Management Act does not apply to the terminal development projects in this case.

Division Three:

FPA Crescent Assocs. v. Jamie's LLC
(October 20, 2015)
2015 Wash. App. LEXIS 2520 (

2015 Wash. App. LEXIS 2520 (Lexis Advance)


Brief: A landlord may not bypass the notice and right to cure provision of RCW 59.12.030(3) by declaring a tenant in default for nonpayment of rent, then terminating the tenancy, and then arguing that the tenant is a holdover tenant unlawfully detaining under RCW 59.12.030(1). 

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