The Washington Supreme Court recently considered a case in which a resentencing court declined to consider the defendant’s youthfulness at the time he committed the crime. According to Court’s opinion, the defendant pleaded guilty to second degree murder for a crime that occurred when he was 18 years old. His…
The court in a Washington divorce case has broad discretion in characterizing the parties’ assets. Characterization is determined as of the date of acquisition and generally does not change. Separate property continues to be separate while it can be traced or identified. Property acquired during the marriage may be separate…
Students who experience disciplinary action resulting from Title IX allegations sometimes file their own Title IX lawsuit against the school, alleging the investigation and disciplinary process was discriminatory. In addition to Title IX claims, they may file equal protection, breach of contract, and other claims. In a recent case, school…
School authorities may search students and their property in circumstances that the police could not. In a recent case, a juvenile challenged a juvenile court adjudication of knowingly possessing cannabis after a school district safety coordinator searched his vehicle. According to the appeals court’s unpublished opinion, the school district security…
In many Washington criminal cases, a plea agreement may be an appropriate resolution. A plea agreement is a contract, and in some circumstances, that contract may be breached. When the state agrees to a sentencing recommendation, it does not have to be enthusiastic in making that recommendation to the court,…
Washington recognizes committed intimate relationships (“CIRs”), which are cohabiting relationships that are stable and like a marriage, although both parties know they are not lawfully married. Washington courts will distribute community-like property from a CIR in a just and equitable manner. A man recently appealed a property division after a…
The Department of Education recently issued a press release stating that it found a Virginia public school district had violated Title IX by failing to respond to sexual harassment reports. According to news reports, the school had a policy allowing students to use locker rooms and restrooms aligning with their…
A parent seeking modification of a Washington parenting plan must meet the statutory criteria for modification. A father recently challenged a court’s determination he failed to show adequate cause for a hearing on his modification petition. According to the appeals court’s unpublished opinion, the parties divorced in April 2019 and…
Both the Washington State Constitution and the Fifth Amendment to the U.S. Constitution protect individuals from being “twice put in jeopardy” for the same offense. The double jeopardy clause protects a person from being tried twice for the same offense and from receiving multiple punishments for the same offense. Double…
A Washington protection order generally must state the date when it expires. If the order is to be permanent, the court should set its expiration date at 99 years from the date it is issued. RCW 7.105.310(5). A former wife recently appealed an order purportedly clarifying the expiration date of…