A guilty plea by a Washington criminal defendant must be knowing, intelligent, and voluntary. A plea can only be voluntary if the defendant understands both the nature of the charges against him or her and the consequences of pleading guilty. The trial court must be “satisfied that there is a…
Suspension or expulsion after a finding of sexual misconduct in a Title IX investigation can permanently affect a person’s professional opportunities and future. In some cases, students have been successful in enjoining the school from enforcing such disciplinary action pending a lawsuit, but a New Hampshire federal court recently denied…
Pursuant to RCW 26.50.110(5), violation of certain Washington protection orders is a class C felony if the defendant has two or more prior convictions for violating specified types of protection orders. A defendant recently challenged his felony convictions, arguing the state failed to prove the validity of one of his…
Inherited property is generally characterized as separate property in a Washington divorce, but what if the spouse signs a quitclaim deed adding the other spouse to the title? The Washington Supreme Court has clarified that the joint title gift presumption does not apply when a court divides property in a…
In 2020, the Department of Education published a Final Rule revising the regulations implementing Title IX of the Education Amendments of 1972 .The 2020 Final Rule prohibits a school from imposing disciplinary actions or other actions other than supportive measures against a respondent to a Title IX complaint before following…
When a court enters certain types of Washington protection orders, it must also require the surrender of firearms and other weapons upon a proper showing that the respond used, displayed, or threatened to use a firearm or other dangerous weapon in a felony or that the respondent is not eligible…
Generally, hearsay is excluded from evidence, though there are some exceptions. Hearsay is a statement made outside court and offered into evidence to prove the truth of the matter asserted. ER 801. If, however, the prosecution in a Washington criminal case wants to present an out-of-court statement for a purpose…
In a Washington divorce, inheritance will generally be considered separate property. What happens, though, when a spouse uses separate property to pay off the debt on a community asset? A Washington appeals court recently considered this issue. According to the unpublished opinion, the wife bought a home in California while…
In considering a motion for preliminary injunctive relief, the court must take into account the likelihood of success on the merits, the potential for irreparable harm, a balance of the hardships, and the public interest. Injunctions can therefore be difficult to obtain because the court is heavily focused on how…
The value of property can affect the degree and seriousness of a Washington theft crime. In a recent unpublished case, a juvenile challenged his second degree theft conviction, arguing the trial court had used the wrong methodology for determining the value of the property. A deputy testified he met with…