State v. Jones, et al December 16, Chenoweth should apply outside of the context of rape and incest. Instead, here, the court finds that State v. Dunaway should control. Westwood December 16, Vehicular Assault and Aggravating Factors — Defendant crashed a vehicle while driving under the influence.
The two passengers received significant long-term injuries. Due to the severity of the injuries the State asked for, and the court ordered, an exceptional sentence. A court is not required to issue written findings on aggravators or mitigators it considered but which did not affect the decision. A court is also not required to balance the mitigating against the aggravating factors.
Fletcher December 14, Blake and Marijuana — Consistent with prior unpublished decisions, Blake applies to non-felony simple possession. December 7, November If a victim is unconscious or unable to respond there is no resistance to overcome. Gene November 29, The court finds that the County lacks standing in a declaratory judgment to assert that enforcement of the ITA, and removal of gun rights, may violate the constitutional rights of individuals.
The dissent argues in a lengthy page response that the county has standing, and the statute is unconstitutional. Harassment Orders and Defamation — Defamatory speech is not constitutionally protected, and a court can use it in deciding whether to issue a temporary harassment order. Graham v. Silbaugh December 2, In re Sargent November 23, Gudgell November 23, Competency Evaluation and Contempt Sanctions — After a court ordered an inpatient competency evaluation, the defendant waited approximately days in jail for entrance at one of the State Hospitals.
As part of the contempt finding, the court ordered a retroactive sanction to be paid to the defendant. Under RCW 7. Luvert November 22, ER b and Recanting Victims — Expert testimony is not required to accompany evidence of a prior assault for credibility determinations. However, a court may allow expert testimony on general characteristics or conduct typically exhibited by survivors of domestic violence.
