Sufficiency of the evidence
Washington Supreme Court:
Crime Victims’ Compensation Fund – A sentencing court cannot reduce the amount of restitution owed to the Crime Victims’ Compensation program. State v. Morgan, No. 102643-9 (January 23, 2025).
Division II:
Blake – A person who requested community service in lieu of legal financial obligations for a conviction now vacated pursuant to State v. Blake is not entitled to reimbursement for the hours spent performing community service. State v. Sindars, No. 58839-1-II (January 22, 2025).
Division III:
Deeds – A recorded Deed of Trust that inadequately describes the property does not encumber the property. The property description in the recorded interest must be clear enough for the court to understand it without extrinsic evidence or testimony. A cover sheet cannot be used to correct an inadequate description. A court may not disregard an incorrect legal description in a deed under a theory of construing it. Errors in a property description cannot be corrected by one party unilaterally striking out words and writing in new words, and recording the corrected version, without clear and convincing evidence that both parties to the deed approved the edits. William & Maria Lawson v. Bankers Insurance Co, et al, No. 40213-4-III (Jan. 21, 2025).
Sufficiency of the evidence – Testimony by the victim that the approximate value of stolen goods was “approximately $1500” is insufficient to establish the value of the goods was over $750, even with photographs of the stolen property and evidence that the value estimate did not include all the stolen property. Testimony regarding value must establish “fair market value” and must include a basis for the opinion. State v. Golyshevsky, No. 58335-6-II (January 22, 2025, unpublished).
Ninth Circuit:
Notice – Placing tickets and a tow notice on the windshield of an illegally parked car provides the car’s owner sufficient notice that the car is about to be towed. However, the owner letting the tickets pile up on the windshield does not provide adequate notice to the city that the owner isn’t checking the windshield of his car for legal process. Grimm v. Portland, No. 23-35235 (9th Cir., January 3, 2025) .
Foreign case of interest:
Second amendment – A state law that effectively bans 18-to-20-year-olds from carrying firearms outside their homes during a state of emergency is not consistent with the Nation’s historical tradition of firearm regulation. Madison Lara v. Commissioner PA State Police, No. 21-1832 (3rd Cir., January 13, 2025).