Joinder
Division I:
Joinder – In a joint trial, evidence of uncharged acts that would be inadmissible against one of the co-defendants pursuant to ER 404(b), is admissible without an ER 404(b) analysis if the evidence is probative of the charged acts of another co-defendant. The jury must be properly instructed on who the evidence is to be considered against, however. Admission of such evidence is the consequence of a joint trial. State v. Miller, No. 84870-4-I (February 3, 2025).
(Editor’s note: The court points out that the Defendant did not assign error to the joinder.)
Division III:
Default judgments (civil) – Default judgments entered erroneously are voidable. Only a jurisdictional defect can render an order or judgment void. Lamb v. Lamb, No. 40157-0-III (February 6, 2025).
(Editor’s note: In this case, an email from an attorney inquiring whether the plaintiff would waive a conflict – which the plaintiff would not – was found to be sufficient appearance under CR 55(a)(3). Because the plaintiff did not serve the defendant with a notice of hearing for the default judgment motion, the judgment was voidable)
Foreign case of interest:
Second amendment – A federal law prohibiting the sale of handguns to 18 – 20-year-olds is not consistent with the Nation’s historical tradition of firearm regulation. Reese v. ATF, No. 23-30033 (5th Cir., January 30, 2025).