Docket No. 76950-8 Facts: Petitioner Harry O’Neal was convicted of the manufacture of methamphetamine while armed with a firearm in the Superior Court for Thurston County after a search of his home revealed drug paraphernalia and several firearms. O’Neal appealed the sentencing enhancement arising from the jury’s finding that he committed the crime while armed with a firearm, asserting that the firearms were not easily accessible and readily available and that there was no nexus between him, the manufacture of methamphetamine, and the firearms. The Washington Court of Appeals affirmed O’Neal’s conviction. Continue reading
Monthly Archives: March 2006
State v. Easterlin
Docket No. 76861-7 Synopsis: Can the State impose a firearms enhancement on Easterlin’s drug possession conviction? Continue reading
Washington v. Eckenrode
Docket No. 76100-1 Facts: Petitioner Don Eckenrode was convicted of the manufacture and possession of marijuana while armed with a firearm in the Superior Court for Pierce County and sentenced. Eckenrode appealed the sentencing enhancement arising from the jury’s finding that he committed the crimes while armed with a firearm, asserting that the trial court erred in failing to instruct the jury that it needed to find a nexus between him, the manufacture and possession of marijuana, and the firearm. The Washington Court of Appeals affirmed Eckenrode’s sentence. Continue reading
State v. Devin
Docket No. 76947-8 Synopsis: Should a conviction be vacated when the defendant dies before an appeal is resolved? Continue reading
Ballard Square Condo. Owners Ass’n v. Dynasty Constr. Co.
Docket No. 76938-9 Synopsis: May a claimant bring a lawsuit against a dissolved corporation? Continue reading
Lakemont Ridge Homeowners Ass’n v. Lakemont Ridge Ltd. P’ship
Docket No. 76850-1 (from Court of Appeals Division I Case No. 52135-7) Synopsis: Does the “notice and opportunity to cure” provision of the Construction Defect Claims Act apply to a homeowner’s lawsuit when the construction professionals did not give initial notice of the requirement because they constructed the condominiums before the statute became effective? Continue reading