WA Legal Roundup - Div II: No renewal permit for Skagit Hill Recycling; instructions in burglary case were proper
Skagit Hill Recycling loses its permit after Division II overturns a superior court ruling overturning two hearing boards. Skagit Hill has a documented history of taking in things it shouldn't, and that evidently worked against them:
After the permit transfer, Health Department officials inspected the property on September 26, 2006. The inspector noted asphaltic roofing waste, metal debris, concrete, tires, an old office trailer, and other construction and demolition waste. The inspector took photographs of the site to document his observations. The inspector told Ron Johnson, Skagit Hill's operations manager, that the roofing waste, the construction and demolition waste, the tires, and the old office trailer could not be accepted under the current permit.
Doesn't help that the renewal and the offenses all happened in the first year of operation.
In State v. Dow, a convict challenged the sufficiency of instructions, specifically one related to duress, which Defendant claimed he did not have the burden of proving. The law is that Defendant has to prove it by a preponderance. Defendant also instructed to no limiting instruction on prior convictions, but this wasn't objected to at trial and no instruction was requested. Can't get what you don't ask for.