Archives : 2011 : November

1. Occupy Protesters Arrested in Olympia Protesting Education Cuts

   Nov 30, 2011 —

   The Washington State Patrol was busy in our state’s capital was yesterday breaking up a protest staged by the Occupy movement and other groups. Hundreds of concerned education activists including many teachers gathered around the Capitol Building, where lawmakers were meeting in a special session to balance the state’s budget. Their message was clear:  that … [More]

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2. Rare Exclusion Of Expert Opinion – Williams v. Bose (November 2011)

   Nov 27, 2011 —

   A doctors testimony was found not helpful to the jury because he lacked the expertise and would testify on the ultimate issue that the jury was to consider.  Division I of the Court of Appeals heard an appeal from Mr. Williams who made multiple claims against Bose and Christensen and his boss:  racial discrimination; disparate treatment; … [More]

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3. Washington Criminal Law Caselaw Update – State v. Steen (November 2011)

   Nov 21, 2011 —

   The crime of obstructing a police officer is designed to punish people who hinder a criminal investigation or impede the activity of law enforcement personnel as they try to carry out their duties. But sometimes, this crime is used as a “catch-all” charge by police when an individual doesn’t obey.  And First Amendment Rights are … [More]

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4. Washington Criminal Caselaw Update 2011 – State v. Pierce (November 2011)

   Nov 15, 2011 —

   The Court of Appeals, in this unpublished opinion, upheld the trial courts determination of a “gang expert” as an expert under  Evidence Rule 702.  What’s interesting about this otherwise long and tedious opinion is the comment by the Appellate Court that if the defense had shown that the expert opinion was nothing but common knowledge … [More]

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5. King County Sheriffs Deputy Kevin Savage Fired After 30 Alleged Instances of Misconduct

   Nov 15, 2011 —

   If a member of law enforcement is on the job long enough, it’s not hard to imagine that he or she could be the target of a few complaints from citizens. There may even be a case or two of misconduct that can be found in files of the longest-tenured law enforcement personnel.  Its a … [More]

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6. Guns and Immigration – Court Upholds Gun Possession Rights of Legal Aliens (State v. Ibrahim, Div. III)

   Nov 14, 2011 —

   In recent years, there has been a lot of rhetoric about two hot-button issues: the right to bear arms and federal immigration policy. Each of these topics has been addressed through legislation and legal battles in a number of states in the U.S. However, the Washington State Court of Appeals issued a ruling last month … [More]

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7. Seattle Municipal Court Shifts Burden to Medical Marijuana Users For Conditions of Release

   Nov 8, 2011 —

   Whenever new laws are created, they are supposed to balance out the need for regulation of an activity with the rights and freedoms of citizens. Given the thousands of state and federal laws on the books, it is inevitable that some of them will unintentionally conflict with one another. In these cases, some type of … [More]

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8. Washington Criminal Caselaw Update 2011 – State v. Turner (October 2011)

   Nov 6, 2011 —

   Nothing is worse for a criminal defense attorney than a state expert testifying at trial on an ultimate that the jury is supposed to be deciding.  In State v. Turner, Division I of the Court of Appeals rejected Mr. Turners claims that the prosecutor conducted misconduct and that the expert violated pretrial motions by having … [More]

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9. Washington State Courts: Guns Can’t Be Banned in Seattle City Parks

   Nov 2, 2011 —

   Gun rights advocates have notched another victory in the state of Washington. A state appeals court ruling released on Halloween day affirms the Washington legislature’s ban on firearms restrictions for parks in the city of Seattle. At issue was whether the Seattle Parks and Recreation Department could prohibit people who were lawfully carrying guns from … [More]

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