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Case Law Updates 10/16/2024 – 11/5/2024

In re Frazier, ___ Wn.2d ___ (No 102,295-6) (Oct. 31, 2024):
Post-Conviction PRP (Newly discovered evidence exception to the 1 year time bar for collateral attack in RCW 10.73.100(1) applies to sentencing evidence as well as trial evidence).

COLLATERAL ATTACK: For new scientific developments or social science research, the objective point for measuring the start of the one-year time bar and the exercise of reasonable diligence is when the development became generally known and accepted into the legal community.

State v. McGee, ___ Wn.2d ___ (No 102,134-8) (Oct. 24, 2024):
SEARCH/SEIZURE: The state attenuation doctrine does not allow police to apply for warrant using tainted evidence from prior illegal search or seizure unless an unforeseeable intervening event provides a new legal basis upon which to conduct a second search or seizure.

In re Dependency of E.M. ___ Wn.2d ___ (No 103129-7) (Oct. 17, 2024)
FAMILY DEFENSE/DEPENDENCY: Determination of services following an agreed dependency is part of a disposition hearing and the rules of evidence do not apply.

State v. Nelson, ___ Wn.App.2d ___, No. 58161-2, consolidated with 58165-5, Div. II (Oct. 29, 2024):
BLAKE/LFO: Trial court did not err when it denied the defendant’s CrR 7.8 motion for reimbursement for community service hours performed on a drug possession case in lieu of legal financial obligations.