Pursuant to Washington ER 404(b), evidence of other crimes, wrongs, or acts may not be admitted to prove the defendant’s character to show that he acted in conformity with his character. Evidence of prior acts can be admissible for certain other reasons, including motive, opportunity, and intent. Washington courts have…
Under Washington law, courts may order postsecondary support for children in some circumstances, but as a recent case reminds us, it is not automatic. Parents must be sure they understand the child support order and follow any deadlines for filing the petition for postsecondary support. It is important that parents…
Criminal cases often hinge on whether evidence is admissible. Evidence obtained through an unlawful search is generally inadmissible. Vehicles can be especially vulnerable to questionable searches. A recent case considered whether drug evidence seized in an inventory search of an impounded motorcycle should have been suppressed. A trooper stopped the defendant…
Washington family law provides for child support to include post-secondary education in some circumstances. Before awarding this type of support, the court must first determine if the child is dependent on the parents for his or her reasonable necessities. The court has discretion in determining how long to award the…
Matters related to children are often the most contentious aspects of a divorce. Ideally, parents will work together to reach a mutually agreeable arrangement regarding custody, decision-making, and support. When the parties cannot agree, however, the court may have to decide these issues based on factual findings and statutory requirements.…
The prosecution is generally required to prove some level of intent, or mens rea, to succeed in obtaining a guilty verdict in a criminal case. Some offenses, however, are strict liability offenses, meaning the prosecution does not have to prove intent. A Washington appeals court recently considered whether the vehicular…
Divorces can be very complicated when a valuable business is part of the community property. The party who keeps the business may be unable to pay their spouse’s share immediately, resulting in long-term property distribution payments and interest. A Washington appeals court recently addressed these issues in the unpublished case…
Generally, a property owner is liable for injuries to its customers only if it has actual or constructive notice of the hazardous condition that resulted in the injury. Washington law recognizes an exception, however, when the nature of the business and its operational methods make the existence of unsafe conditions…
Implied consent is an important aspect of DUI defense. The Washington implied consent statute, RCW 46.20.308, requires officers to inform a driver suspected of DUI of certain consequences of refusing or submitting to a breath test. When recreational marijuana use was decriminalized in Washington, the legislature set a legal limit…
The right-of-way can be an important issue in automobile accident cases. It can be difficult for a plaintiff who fails to yield the right-of-way to recover compensation from the other driver. A Washington appeals court recently reviewed a case in which the plaintiff was hit by an oncoming vehicle as…