Nguyen test in Washington

2006Here each interest dictates a more exacting burden than mere preponderance. 144 Wash.2d at 526 , 29 P.3d 689 .

2006Here each interest dictates a more exacting burden than mere preponderance. 144 Wn.2d at 526 .

2020We agree with the State that the disclosure of S.V.’s statement during trial, while untimely, was not material or prejudicial to Nguyen’s defense.3 “Evidence is material under Brady ‘if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.’” Davila, 184 Wn.2d. at 73 (internal quotation marks omitted) (quoting Kyles v. Whitley, 514 U.S. 419 , 3 The State also argued that S.V.’s letter was not “suppressed” within the meaning of Brady because it was disclosed during trial as opposed to after trial had conclu

2017But the trial court appeared to base its decision instead on its conclusion that Nguyen failed to meet the clear and convincing evidence standard. 11 Christensen, 152 Wn.2d at 307 . -5- No. 75107-7-1 / 6 opportunity to litigate the issue in the earlier proceeding."12 The party asserting collateral estoppel must show that the issues in both actions are identical, the earlier proceeding ended in a judgment on the merits, the party against whom collateral estoppel is asserted was a party to, or in privity with a party to, the earlier proceeding, and applying collateral estoppel does not work an i

2017App. 1049 (2003). 9 Scanlan v. Townsend, 181 Wn.2d 838, 847 , 336 P.3d 1155 (2014). 10 The trial court wrote in denying Nguyen's motion that Nguyen had raised "this identical motion" twice before.

2017App. 1049 (2003). 9 Scanlan v. Townsend, 181 Wn.2d 838, 847 , 336 P.3d 1155 (2014). 10 The trial court wrote in denying Nguyen's motion that Nguyen had raised "this identical motion" twice before.

2017Because a trial court's duty to vacate the void judgment is nondiscretionary, we need not consider the discretionary White factors, including whether Nguyen's defense that he is not the obligor on the credit card account has merit or whether vacation will prejudice Asset Acceptance. 39 73 Wn.2d 348, 352 , 438 P.2d 581 (1968). 4° Leen, 62 Wn.

2017Because a trial court's duty to vacate the void judgment is nondiscretionary, we need not consider the discretionary White factors, including whether Nguyen's defense that he is not the obligor on the credit card account has merit or whether vacation will prejudice Asset Acceptance. 39 73 Wn.2d 348, 352 , 438 P.2d 581 (1968). 4° Leen, 62 Wn.

2017App. at 478 ; Khani, 75 Wn.

2017Because a trial court's duty to vacate the void judgment is nondiscretionary, we need not consider the discretionary White factors, including whether Nguyen's defense that he is not the obligor on the credit card account has merit or whether vacation will prejudice Asset Acceptance. 39 73 Wn.2d 348, 352 , 438 P.2d 581 (1968). 4° Leen, 62 Wn.

2015App. 59, 68 , 104 P.3d 11 (2004).

2015App. 271, 283 , 319 P.3d 53 (2013) ("The trial court's approach, requiring an initial threshold showing of a valid basis for Nguyen's motion to withdraw his plea, was reasonable"). "[A] trial court is not required to waste valuable court time on frivolous or unjustified CrR 4.2 motions." State v. Davis, 125 Wn.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2009The Ongom court quoted Nims for the theory that "[t]he burden of persuasion should not vary according to the nature of the charges in the particular case." Ongom, 159 Wash.2d at 140 , 148 P.3d 1029 (quoting Nims, 113 Wash.App. at 505 , 53 P.3d 52 ). ¶ 21 The dancers contend that they satisfy all three parts of the Nguyen test: (1) more than a money judgment is involved, (2) the suspension is quasi-criminal, and (3) a stigma arises from the suspension.

2006Here each interest dictates a more exacting burden than mere preponderance. 144 Wash.2d at 526 , 29 P.3d 689 .

1993App. 804, 810-11 , 832 P.2d 1373 (1992), review denied, 120 Wn.2d 1022 (1993). 9 The trial court also properly denied Nguyen's motion to dismiss the charges under CrR 8.3(b).