WA Legal Roundup
So, The Prof has been playing catch up with his case load. A partner on vacation can be a wonderful thing. Unfortunately, it means I've been neglecting my adoring audience. Its not you, its me.
Anyhow, two new opinions from Division I from Monday and four from Division II.
Banks wanted to avoid his third strike. So he pleaded guilty and agreed to an exceptional sentence. Five years later, he tried to attach the judgment as having had a miscalculated offender score. Unfortunately, such an issue is not on the face of the judgment, making this a collateral attack. Five years is too late for a collateral attack.
See above, almost exactly the same issue.
AOL was assessed taxes for a period of a few years. It paid one month of those taxes and then amended its return for that month. It then tried to claim a refund for that period. The court held that to challenge a tax assessment, you have to pay the entire taxes assessed to challenge it, not just the portion which you wish to challenge.
PSP was selling security systems through its employee. The employee raped a 14-year old girl that he had met two months prior to the rape, while on a sales call. The court held that there remained a material issue of fact as to whether the failure to conduct a background check on its employee was causally connected to the rape.
Escape of a sexually violent predator is still a crime. The fact that it criminalizes escape from civil confinement doesn't give weight to Jagger's argument.
Combs argued that all of his prior convictions should count as one point on his offender score. The statute says one point each. I'll give you a wild guess which view held water with the court.