Both the Washington Constitution and the Sixth Amendment to the U.S. Constitution give a criminal defendant the right to confront the witnesses against them. Testimonial statements of a witness who did not appear at trial are only permitted if the witness was unavailable and the defendant had previously had the…
Students who file suit against their school based on a Title IX investigation and disciplinary proceedings may wish to protect their identity to try to prevent additional reputational harm. A federal court in Nebraska recently allowed an accused student to proceed with his lawsuit under the pseudonym “John Doe.” The…
When a court orders Washington child support, it must follow the statutes and make the required findings. In a recent unpublished case, a father challenged a child support modification order that imputed income to him and required him to share in expenses related to the child’s gymnastics activities. The mother…
RCW 7.105.225(1)(a) requires a court to issue a Washington domestic violence protection order (“DVPO”) if the petitioner proves, by the preponderance of the evidence, they have been the subject of domestic violence committed by the respondent. “Domestic violence” includes “[p]hysical harm, bodily injury, assault, or the infliction of fear” thereof.…
In some circumstances, a person charged with a Washington misdemeanor or gross misdemeanor may petition for deferred prosecution. Deferred prosecution can be an alternative to punishment for individuals who would benefit from treatment. The individual generally must cooperate with and complete the treatment program. A Washington appeals court recently considered…
The Fourth Circuit recently considered sovereign and qualified immunity in a case arising from a university’s investigatory and disciplinary procedures of a complaint of sexual misconduct against a student. According to the court’s opinion, the plaintiff was a student at a North Carolina university when four female students submitted a…
A Washington juvenile adjudication of guilt can have lifelong consequences. Current Washington law limits the types of adjudications that can be included in calculating an offender score for a subsequent sentencing, but until recently, other non-violent juvenile adjudications could also affect an offender score. In a recent case, the state…
The court in a Washington divorce case must make a just and equitable division of the marital estate, considering certain statutory factors. Those factors include the nature and extent of community property and separate property, the length of the marriage, and the economic circumstances of each party when the property…
A defendant recently challenged his convictions for possession with intent to deliver methamphetamine, use of drug paraphernalia, and unlawful possession of a firearm in the second degree (“UPF”). The convictions arose from a traffic stop, which the defendant argued was pretextual. He also challenged his UPF conviction on constitutional grounds.…
Title IX accusations can have a detrimental effect on a student’s education, job prospects, and future. Alleged victims who file suit against their schools for claims related to Title IX often litigate the case under a pseudonym. Accused students who file suit for claims arising from a Title IX complaint…