State Of Washington v. B.S.
48673-3
| Wash. Ct. App. | Apr 11, 2017Background
- BS, a 13-year-old, pled guilty to third-degree assault; disposition required ART/Anger Management.
- State moved to modify disposition on Feb 24, 2016 due to alleged supervision violations; BS conceded violations.
- BS argued violations stemmed from probation lack of ART; requested no detention and enrollment in ART.
- Hearing held Feb 26, 2016; MST counselor testified transportation impediments to ART; court discussed ART needs and attendance feasibility.
- Court modified disposition to nine days of confinement; BS appealed.
- Disposition order expired on Aug 6, 2016; issue presented is moot; appeal dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot and thus dismissible? | BS contends merits remain despite mootness. | State contends no live relief remains after expiration. | Appeal dismissed as moot. |
Key Cases Cited
- Hart v. Dep’t of Soc. & Health Servs., 111 Wn.2d 445 (1988) (capable of repetition; public interest exception acknowledged but not adopted here)
- Sorenson v. City of Bellingham, 80 Wn.2d 547 (1972) (mootness unless public interest exception applies)
- State v. Clark, 91 Wn. App. 581 (1998) (public interest exception principle in mootness)
- In re Detention of Cross, 99 Wn.2d 373 (1983) (public interest exception criteria for mootness)