Domestic violence can affect all aspects of family life, including child custody. Pursuant to RCW 26.09.191(1)(c), a final parenting plan cannot require the parents to engage in mutual decision-making where the court finds a parent engaged in a history of domestic violence. A mother recently appealed a court order granting…
For a Washington criminal defendant to be convicted, both the U.S. and Washington constitutions require a unanimous jury to find the charged criminal act has been committed. A unanimous jury can be an issue where the state charges only a single count but presents evidence of multiple criminal acts. If…
Colleges and universities have experienced pressure from multiple sources to address sexual assault issues. Unfortunately, in some cases, they have responded in ways that deny a fair process to the accused student. A recent case shows that a university’s actions in response to such pressure may support a Title IX…
When a person is seriously injured in a Washington car accident, it is important to identify all potential avenues of recovery to help fully compensate the victim for their loss. When an accident occurs in a parking lot or other private property, the property owner or business proprietor may have…
Article I, section 7, of the Washington State Constitution protects individuals from warrantless searches into their private affairs. Courts must consider what type of information may be discovered through the government’s action and how the interest being asserted has been treated in the past. A defendant in a Washington criminal…
A federal court has denied a preliminary injunction to stop or delay the implementation of the new Title IX regulations. The court found the plaintiffs had not established that they are likely to succeed on their claims or to suffer substantial irreparable harm. The plaintiffs argued the K-12 grievance process…
Washington drug cases often turn on the legality of the search that found the evidence. Both the federal and Washington state constitutions provide protection from unreasonable searches and seizures. Generally, searches must be conducted under a lawful warrant, unless an exception applies. A man recently successfully challenged his conviction on…
Parents have a liberty interest in their fundamental right to autonomy in raising their children. Courts must therefore give weight to a parent’s decision to deny visitation to the child’s grandparents. A court can only order Washington grandparent visitation over the objection of a fit parent if the grandparent shows…
A charge of harassment can punish speech, raising First Amendment issues. When the state charges a person with harassment under Washington criminal law, it has to prove the defendant’s statements were not protected speech. One way to do this is to show that the words constituted a “true threat.” A…
Washington criminal case law has established that defendants are entitled to be free of shackles at trial, unless there are extraordinary circumstances. Restraints may affect a number of constitutional rights, including the presumption of innocence, the right to testify, and the right to consult with counsel. Trial courts do, however,…