Debra L. Stephens

In this case, siblings Dan Jr. and Carrie Barrett petitioned for nonparental custody of their two minor brothers, BJB and BNB, after the children had lived with them since 2003; the petition followed the parents' 1997 divorce, a 2001 custody modification involving an altercation and shooting that led to a permanent restraining order against the father, and his lack of contact with the children. The trial court found adequate cause, granted the nonparental custody petition after a hearing, limited the father's visitation until he completed a domestic violence program and counseling, and ordered him to pay child support plus $2,000 in attorney fees. On appeal, the Court of Appeals affirmed the custody and visitation rulings, holding that the children were not in a parent's physical custody and would be detrimentally affected by returning to either parent under RCW 26.10.030 and related statutes. The court reversed the attorney fee award for lack of findings on the petitioners' financial need and remanded for redetermination of child support, federal tax exemptions, and fees consistent with statutory requirements.

family law

In State v. Babcock, Donald Ray Babcock was charged with first-degree child rape of his niece MB and first-degree child molestation of his niece AT, along with related counts. The trial court found both children competent to testify and admitted hearsay statements about AT's allegations, but dismissed the molestation charge mid-trial when AT refused to testify and denied a mistrial despite the prior admission of that hearsay evidence; the jury convicted Babcock on the rape charge. On appeal, the Washington Court of Appeals reversed the conviction and remanded for further proceedings, holding that the trial court abused its discretion by refusing to grant a mistrial. The court reasoned that the highly prejudicial hearsay evidence regarding sexual abuse of AT, which was similar in nature to the remaining charges, could not be effectively disregarded by the jury even with a limiting instruction.

criminal lawprocedure

The case involved Dennis Patrick Bucknell's conviction for second degree rape of his sister, Michelle Mummert, who suffered from Lou Gehrig's disease and was bedridden but able to communicate. Bucknell appealed, arguing insufficient evidence for the second degree rape charge, which requires the victim to be physically helpless. The court determined that Mummert's ability to speak and understand meant she did not qualify as physically helpless under the statute, making the evidence insufficient for second degree rape. It therefore reversed the conviction and remanded for entry of judgment on the lesser charge of third degree rape, based on lack of consent.

criminal law

In this case, Jordan Knippling petitioned for relief from personal restraint after his 2003 convictions for second-degree assault and animal cruelty, seeking credit against his community custody term for 24 extra months of confinement he served before resentencing under Blakely v. Washington reduced his sentence to a standard range of 17 months. The Court of Appeals of Washington, Division 3, granted the petition. The court reasoned that under RCW 9.94A.715(1), the term of community custody begins upon completion of the term of confinement rather than actual release from prison, so Knippling's community custody started 24 months earlier than his release date. The court distinguished the tolling provision in RCW 9.94A.625(3), which applies after community custody has begun and does not control the start date.

criminal lawprocedure

The case involved Hector M. Prado's appeal of his conviction for first degree assault after he stabbed Daniel Guyer during a confrontation outside a bar in Wenatchee, Washington, following an earlier altercation at a lounge; Guyer later died from his wounds, and Prado was originally charged with second degree murder as well. Prado challenged the trial court's jury instructions on self-defense (including the lack of a duty to retreat) and the elements of assault, claimed ineffective assistance of counsel, disputed the restitution order, and alleged prosecutorial misconduct in closing arguments. The Washington Court of Appeals affirmed the conviction, ruling that the instructions accurately stated the law, the prosecutor's statements did not improperly appeal to prejudice or patriotism, and no other errors occurred. The court found the evidence sufficient to support the jury's verdict beyond a reasonable doubt.

criminal lawprocedure

The case involved a dispute over whether a Pasco city ordinance prohibiting recreational vehicles used as permanent residences in mobile home parks was preempted by Washington's Manufactured/Mobile Home Landlord-Tenant Act. The City issued a violation notice to park owner Paul Lawson after a tenant occupied such a vehicle, the Code Enforcement Board upheld the notice, and a superior court reversed on preemption grounds. On appeal, the Court of Appeals reversed the superior court, holding that the ordinance was a valid exercise of municipal authority. The court reasoned that the Act neither expressly nor by implication preempts the field of mobile home park regulation and creates no irreconcilable conflict with the ordinance, which can operate alongside the Act without inconsistency since the statute defers to local land-use rules.

propertybusiness & regulatory