Spokane, WA
Lawyer at Spokane, WA
OUTCOME: Sentence Vacated and Case Remanded
The Ninth Circuit, sitting en banc, holds that a prior misdemeanor conviction, enumerated under USSG 4A1.2(c), for which the entire sentence was suspended, is not counted toward a defendant's criminal ... history score, overruling U.S. v.Williams, 201 F.3d 1180 (9th Cir. 2002).
OUTCOME: Summary Judgment Affirmed
Although RCW 3.34.010 provides that Spokane County shall have ten district court judges, Court held that County was not required to establish tenth position.
OUTCOME: Conviction Affirmed
Court held that Dept of Licensing Declaration, used to establish an element of the crime, was not "testimonial" for purposes of the Sixth Amendment Right to Confrontation, because such declarations are ... inherently reliable
OUTCOME: Conviction Reversed
In prosecution for being in physical control of a vehicle while intoxicated, evidence establishing that defendant's vehicle was off the roadway and that there was no danger, was sufficient, as a matter ... of law, for the defendant to prevail on the affirmative defense of being safely off the roadway.
OUTCOME: Sentence Affirmed
Court held that prior California conviction for assault with intent to commit rape qualified as a crime of violence for sentencing purposes.
OUTCOME: Conviction Reversed
Defendant who was found begging did not violate city ordinance that prohibited aggressive solicitation; ordinance exempted acts authorized as an exercise of an individual's constitutional rights, and s ... ince begging was a constitutionally protected right, and there was insufficient evidence to prove that defendant was aggressive, defendant did not violate the law when she incidentally obstructed pedestrian traffic in order to exercise her right.
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