Emotions run high during divorce, and sometimes unfortunately the parties will try to hurt each other. When a party to a divorce intentionally damages property or wastes the couple’s assets, the other party may seek a remedy through the court. In the recent case of In re Marriage of Fellows,…
High-asset divorces are very complex and difficult matters. It is not uncommon for one party to allege the other has either wasted or hidden assets. Additionally, the standard calculation may not be an equitable way to determine the appropriate amount of support, so the court has some discretion to deviate…
In Washington criminal cases, the prosecution must disclose upon written demand the names and addresses of the people it “intends to call as witnesses . . .” and any expert witnesses it intends to call at trial, if that information is within its knowledge, possession, or control. The Washington Court…
In a recent opinion, the Court of Appeals of Washington decided the issue of whether a defendant is entitled to a self-defense instruction when only the state produces evidence of self-defense. In State v. Thysell (Wash. Ct. App. June 9, 2016), the defendant was charged with fourth-degree assault, domestic violence, after…
Under the missing witness doctrine, if a person who could have been called to testify is not, the jury may infer that person’s testimony would have been unfavorable to the party who naturally would have called him or her. This doctrine and the associated jury instruction can be highly detrimental…
In a significant ruling, Washington’s highest court tackled the question of whether a defendant’s refusal to perform a field sobriety test may be used against him at trial on a charge of driving under the influence (DUI). The court ultimately held that a field sobriety test is not a search…
In a recent case, the Court of Appeals of Washington reviewed a personal injury claim brought by a park visitor against the Port of Skamania County. In Hively v. Port of Skamania County (Wash. Ct. App. Apr. 4, 2016), the plaintiff was visiting one of the Port’s parks, Teo Park,…
Police officers must generally follow statutory and constitutional protections when arresting or interacting with individuals. In a recent case, the Washington Court of Appeals addressed the consequences of failing to provide the required statutory warnings before administering a breath test to a defendant arrested for driving under the influence (DUI).…
Everyone can relate to the experience of walking into the grocery store without a shopping list and leaving the store without what you went in for, having spent lots of money on things you didn’t need. Notes aren’t only important for grocery shopping. They can help keep meetings on task,…
In a recent personal injury case, the Court of Appeals of Washington decided issues involving parental immunity and allocation of fault in a negligence claim. In Smelser v. Paul (Wash. Ct. App. Apr. 4, 2016), the defendant was visiting a friend with two young sons who were playing in the…