Case Law Updates:

Court of Appeals

State v. J.M.H., ___ Wn.2d ___, No. (Jan. 16, 2025): COURT OF APPEALS/JUDGES: Judge cannot sit on appellate panel that reviews their trial level decision.

State v. Brock, ___ Wn.App.2d ___, No. 86617-6, Div. III (Jan. 13, 2025): Wrongfully Convicted Persons Act (WCPA): Trial court did not err when it denied a claim for compensation where the victim of a child molestation case credibly recanted.

Kanta v. DOL, ___ Wn.App.2d ___, No. 58434-4, Div. II (filed unpublished Oct. 1, 2024, published Jan. 14, 2025): DUI/LICENSE SUSPENSION/BLOOD TEST: Blood test complied with all criteria for admission as designated by the state toxicologist and the administrative code even though the blood was stored in an expired vial.

State v. Johal, ___ Wn.App.2d ___, No. 58980-0, Div. II (Jan. 14, 2025): FELONY HARASSMENT: Officers who saw the defendant threaten his child were victims of harassment.
NOTE: There are at least two flaws in the Court of Appeals’ reasoning. First, the court relied on examples in J.M. and Morales even though they were hypothetical and specific to a parent-child relationship. Second, the court relied on an outdated statutory definition used in Morales. Morales referenced RCW 9A.46.020(1)(a), stating it defines a harassment victim as someone who is the target of coercion, intimidation or humiliation. This is not the current statute, which now addresses knowledge, not a definition.