Legal Opinion

State v. Marking

Court of Appeals of Washington

Decided April 21, 2000No. 24655-4-IIPublishedCited by 27 opinions

1Opinion of the CourtSeinfeld, J.

— Joseph C. Marking appeals his jury conviction for violation of a domestic violence no-contact order. We find invalid a pretrial no-contact order that fails to inform the person subject to it that consent is not a defense to a charge of violating the order. Here, the order was invalid and, thus, the evidence of the crime was insufficient. Consequently, we reverse.

Facts

On June 15, 1998, the Kitsap County District Court entered a domestic violence no-contact order prohibiting Marking from attempting to contact his wife, Elizabeth Marking, for the next two years. Nonetheless, Elizabeth and…

2Cases cited19 opinions

  1. State v. HickmanWashington Supreme Court · 1998
  2. State v. HickmanWashington Supreme Court · 1998
  3. Cox v. HeleniusWashington Supreme Court · 1985
  4. State v. KrallWashington Supreme Court · 1994
  5. State v. JoyWashington Supreme Court · 1993

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3Cited by27 opinions

  1. State v. MillerWashington Supreme Court · 2005
  2. State v. MillerWashington Supreme Court · 2005
  3. HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. PleasantCourt of Appeals of Washington · 2005
  4. Housing Authority v. PleasantCourt of Appeals of Washington · 2005
  5. State v. ClowesCourt of Appeals of Washington · 2001

22 more not listed; retrieve them via the Exa API.

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