Thursday, August 26, 2010

Supreme Court Opinions, August 26, 2010

State v. Bunker, No Contact Orders

Former RCW 26.50.110 criminalizes all no-contact order violations and is not limited to contacts with the protected party that are violent, threaten violence or occur in a specifically prohibited place.

State v. Kintz, Stalking

Trial court's interpretation of "separate occasions" upheld where the the acts were "dinstinct, individual, noncontinuance occurence or incident", but not necessarily separated in time. In both incidents, defendant's conduct occurred over a very short period of time.

State v. Meneses, Telephone Harassment (Mens Rea); Double Jeopardy

Telephone Harassment requires that the jury find that the defendant form the intent to harass at the time the call is "made".

Convictions for telephone harassment and intimidating a witness may not violate the double jeopardy protection against multiple punishments for the same offense.

These and all other cases from the last ninety days can be found here:
http://www.courts.wa.gov/opinions/?fa=opinions.recent

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