State v. T.N.
Apr 12, 2017OUTCOME: DISMISSED
Arrested for DUI in Cowlitz County. Case dismissed on motion by defense that the arrest was unlawful.
Vancouver, WA
Domestic violence Lawyer at Vancouver, WA
Practice Areas: Domestic Violence, Violent Crime ... +4 more
OUTCOME: DISMISSED
Arrested for DUI in Cowlitz County. Case dismissed on motion by defense that the arrest was unlawful.
OUTCOME: DISMISSED
An assault charge was dropped Tuesday against a man who shot another man in the chest following an altercation in a Washougal intersection in March 2016. The man, 24, of Vancouver had been charged w ... ith first-degree assault in Clark County Superior Court stemming from the shooting, which we argued was done in self-defense. http://www.columbian.com/news/2017/mar/14/assault-charge-dropped-in-shooting/
OUTCOME: NOT GUILTY
DUI arrest resulted in a NOT GUILTY verdict at trial.
OUTCOME: Significant Reduction in Charges
As reported by the Columbian: CB "pleaded guilty in Clark County Superior Court to third-degree assault and heroin possession stemming from the Sept. 27 incident. Bosch initially faced first-degree ass ... ault but that charge was amended in exchange for his guilty pleas."
OUTCOME: Supreme Court and Court of Appeals upheld order prohibiting further issuance of said death certificates.
Angus Lee, using a little known "Quo Warranto" action, sued the former Grant County coroner to stop the issuance of invalid death certificates.
OUTCOME: DISMISSED
Domestic Violence allegation on charges of Malicious Mischief.
OUTCOME: DISMISSED
Felony D.V. Allegation dismissed days before trial.
OUTCOME: DISMISSED
D.V. Allegation in Clark County DISMISSED.
OUTCOME: The supreme court reversed the decision of the court of appeals.
Before his arrest, defendant struggled violently with the police officers who were attempting to subdue him. From his initial refusal to provide identification to his final thrashings that resulted in ... two tasings, defendant grew increasingly enraged and violent. After being subdued physically, he resorted to lashing out verbally, hurling threats and insults at the officers. Defendant's behavior amply demonstrated his anger at the situation and at the police officers. However, there was no evidence to suggest that defendant engaged in that behavior, or made his threats, for the purpose of influencing the police officers' actions. Defendant's threats and taunts provided no evidence of any attempt to influence the police officers. In the absence of some evidence suggesting an attempt to influence, the State failed to make a prima facie showing that defendant attempted to influence either officer's official action. Thus, the trial court properly dismissed the charge against defendant for intimidating a public servant under Wash. Rev. Code § 9A.76.180. Accordingly, the court of appeals erred in reversing the trial court's dismissal of the charge.
OUTCOME: The supreme court reversed the court of appeals and upheld the trial court's conclusion that the traffic stop was constitutional. Defendant's conviction was reinstated.
An officer admitted that he was motivated to conduct the traffic stop primarily to detect further signs of driving under the influence (DUI). The trial court found that defendant's exhaust infraction w ... as an actual reason for the stop and also that the officer would have stopped defendant for the exhaust infraction even without the previous DUI report. Thus, defendant's stop was a mixed-motive stop. Because the officer had a reasonable articulable suspicion that defendant was violating Wash. Rev. Code § 46.37.390 based on an altered exhaust and decided that a traffic stop was reasonably necessary to address that suspected traffic infraction and to promote traffic safety and the general welfare, the fact that the officer was also interested in and motivated by a related DUI investigation was irrelevant, even if that investigation could not provide a legal basis for the traffic stop. Because the suspected traffic infraction was an actual, conscious, and independent cause of the traffic stop, the trial court was correct in concluding that the stop was not pretextual. Thus, the officer's traffic stop did not violate Wash. Const. art. I, § 7.--Angus Lee serves as supervising attorney on this case.