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 A Washington appeals court recently addressed these issues in the unpublished case…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…
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…