State v. McKelvey
Court of Appeals of Washington
1Opinion of the CourtWorswick, J.
We reverse Sherm Wade McKelvey's bench trial conviction for criminal possession of a leased motor vehicle, RCW 9A.56.095, because of the State's failure to prove that the notice required as a prerequisite of prosecution was given in the manner specified by the statute.
RCW 9A.56.095(1)(b) provides:
After leasing machinery, equipment or a motor vehicle under an agreement in writing which provides for periodic rental or lease payments for a period greater than six months duration, fails to pay the lessor of said item the periodic payments when due for a period of ninety days, is thereafter served…
2Cases cited6 opinions
- Childers v. ChildersWashington Supreme Court · 1978
- State v. ShrinerWashington Supreme Court · 1984
- State v. AlcantaraWashington Supreme Court · 1976
- Russell v. HollandMassachusetts Supreme Judicial Court · 1941
- Ezydorski v. KrozkaAppellate Court of Illinois · 1961
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Davis v. Department of Labor & IndustriesCourt of Appeals of Washington · 1993
- Longview Fibre Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 1989